Category Archives: Bayh-Dole

Unquestionably.

“Finding 3: The system put in place by the Bayh-Dole Act, that is, university ownership of inventions from publicly funded research and latitude in exercising associated IP rights subject to certain conditions and limitations, is unquestionably more effective than its … Continue reading

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More Findings

Finding 2: The transition of knowledge into practice takes place through a variety of mechanisms… Here we have a conflation of knowledge and technology transfer. Technology transfer is not about knowledge transfer. Or, the report might point out that university … Continue reading

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Finding the Status Quo

Well, the National Research Council has deliberated on university technology transfer, and apparently can’t get past the linear model, the consensus view of patent licensing, commercialization as the high point of dishing public assets to the wealthy and powerful, and … Continue reading

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We Have Questions

Lots of questions remain from our variation on the theme. What about F’s written agreement? Can F sign any documents for the company, such as the declaration and oath that F is a true inventor? F has an obligation to … Continue reading

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A Variation on the Theme

We have looked at five ways Bayh-Dole can play out with a single faculty researcher, who we call F. These are government title, university title, third party title, inventor title, and public domain. We have emphasized that Bayh-Dole makes uniform … Continue reading

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A Fifth Way

Way 5. The university declines to elect to retain title, the government declines to request title, and F does not request to retain title. The invention enters the public domain (one year from publication or other statutory bar). Bayh-Dole does … Continue reading

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Four Ways

We can work a few variations now with faculty member F. The university has a standard IP policy with a promise to assign to the university. Let’s look at four basic possible outcomes. Then we can start to add variations. … Continue reading

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Look What They Make Us Give

Maybe it’s all too clear. In the case of an employee bringing the scope of authorized private consulting into federally funded research, the issue is not the mechanism of the obligation to convey title, but the scope. The problem is … Continue reading

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Scoping Present Assignments

Another thought experience. Imagine if you will a university faculty member, who we will call F. F’s university requires F to agree to a patent policy that used to say, F promises to assign title to all inventions that the … Continue reading

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The AbyNormal Patent Act

We are working through what Bayh-Dole did and didn’t do in managing federally funded inventions made at universities. If you are with me, we did a “thought experience” (not “experiment”). Then I got all grumpy about rhetoric. But that’s out … Continue reading

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