Category Archives: Bayh-Dole

Doping the System

Posted on October 1, 2010 by Gerald Barnett

In semiconductor theory, adding a few impurities into the system may actually improve performance. It’s called doping. Yeah, there are overtones. With regard to research inventions, what happens when the impurity is the university administration seeking title, rather than the … Continue reading →

Posted in Bayh-Dole, IP | Comments Off on Doping the System

Thought Experience

Posted on October 1, 2010 by Gerald Barnett

Let’s look back in time, do a “thought experience”. That is, experience thoughts that might help clarify things that don’t appear all that clear for folks in the doing. In your thoughts, imagine a university faculty member years ago, say, … Continue reading →

Posted in Bayh-Dole, IP | Comments Off on Thought Experience

Dag Wags Dog

Posted on October 1, 2010 by Gerald Barnett

Stanford v Roche has put some folks into a tizzy. Since the tizzy drives to the heart of Bayh-Dole, it’s worth spending some time with it. For those that have been following my efforts to work through the issues, you … Continue reading →

Posted in Bayh-Dole | 1 Comment

SG on the scale

Posted on October 1, 2010 by Gerald Barnett

Looks like the Solicitor General has weighed in supporting the effort to get Stanford v. Roche before the Supreme Court. All the lobbying by the universities has paid off handsomely. Now, one might hope, they will learn a powerful lesson, … Continue reading →

Posted in Bayh-Dole | Comments Off on SG on the scale

Issues with Faculty Startups

Posted on September 25, 2010 by Gerald Barnett

Some years ago, we were asked, why not just take a set %–like 5%–of equity in research startups, and make it a standard patent license without any running royalties on sales? Wouldn’t that be even simpler? At the time, it … Continue reading →

Posted in Bayh-Dole, Technology Transfer | Comments Off on Issues with Faculty Startups

The Room at the Bottom

Posted on September 23, 2010 by Gerald Barnett

Feynman made a famous talk on studying the small things of physics, arguing there was “plenty of the room at the bottom” for research. The same may be true for university research and technology transfer relative to markets, industry, and … Continue reading →

Posted in 3D Printing, Bayh-Dole, Technology Transfer | 1 Comment

The Meat of It

Posted on September 13, 2010 by Gerald Barnett

As I reread the 40+ university amicus brief, I tried to understand what would cause such mass hysteria among such a usually undemonstrative group. Clearly, they believe something they do is under attack, or Bayh-Dole is, and they got out … Continue reading →

Posted in Bayh-Dole, IP, Sponsored Research, Technology Transfer | Comments Off on The Meat of It

It Just Doesn't Get Any Better Than This

Posted on September 9, 2010 by Gerald Barnett

[I’ve revised this a few times. I will leave it now. It’s intended to reflect passion and disbelief at the magnitude of this situation. It is not a mild difference of viewpoint couched in odd technicalities of a law most … Continue reading →

Posted in Bayh-Dole, Technology Transfer | Comments Off on It Just Doesn't Get Any Better Than This

Some More Roche Comments

Posted on September 8, 2010 by Gerald Barnett

Roche’s response to Stanford University’s petition for a writ of certiorari is posted here. My read of it is, they got the Bayh-Dole piece of it right. See Section I.A (Bayh-Dole was not intended to be a tool for universities … Continue reading →

Posted in Bayh-Dole, IP, Sponsored Research, Technology Transfer | Comments Off on Some More Roche Comments

Patent Fair Use, Commons, and Research Inventions

Posted on August 30, 2010 by Gerald Barnett

Madey v. Duke wasn’t a good thing for research. Essentially, it put an end to the idea of a research use exception to patent claims. Whatever the merits of the case, there is no question in my mind that it’s … Continue reading →

Posted in Bayh-Dole, Commons, IP, Technology Transfer | Comments Off on Patent Fair Use, Commons, and Research Inventions