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Category Archives: Bayh-Dole
Hmpf Vol 1, appendix
The paper argues that Bayh-Dole represents a societal statement encouraging universities to work closely with industry despite cultural differences and the prospect for conflict of interest, and that with thoughtfulness these challenges can be met so that federally supported inventions … Continue reading
Posted in Bayh-Dole, Technology Transfer
Tagged Bayh-Dole, ownership
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Hmpf Issue Vol. 1
[Revised 9/11/2019 to clean up the option theory]. I have been looking at this paper from 2002: “Academia, Industry, and the Bayh-Dole Act: An Implied Duty to Commercialize.” I’ve seen it before and always shied away from commenting, but with … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, commercialization, option, policy
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Bad Dog
Patent law is all social convention anyway. It is something we make up. We then task courts with enforcing our made up stuff as laws. Practices and habits build up. People and people in companies get used to the habits, … Continue reading
Posted in Bayh-Dole, IP, Technology Transfer
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Yes, Your Eminence
I suspect there also may be something else going on. Under the Fifth Amendment to the Constitution, the government cannot take private property without due process and just compensation. The contract between the government and the university forms that process … Continue reading
Bayh-Dole at Large
Bayh-Dole 1) normalizes government agency approaches to claims on inventions made in government funded research; 2) places research institutions in a voluntary position to direct the disposition of claims on invention ahead of government agencies, provided the research institutions use … Continue reading
Posted in Bayh-Dole, IP, Technology Transfer
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Automagicality
37 CFR 3.73. “The inventor is presumed to be the owner of a patent application, and any patent that may issue therefrom, unless there is an assignment.” In a Bayh-Dole situation, the university is never the inventor. Even if one … Continue reading
Making it Clear
Here’s the sequence of actions that complies with Bayh-Dole when a university desires ownership of a federally supported invention. 1) obtain a disclosure of invention 2) report this invention to the government 3) elect to retain title in the invention … Continue reading
Posted in Bayh-Dole, Technology Transfer
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Knights of the Burning Pestle and AUTM!
This shouldn’t take long, as we all have better things to do. I’ve been poking at AUTM for some time now. It’s not my favorite thing to do, but I don’t see any other discussion of what is going on. … Continue reading
Posted in Bayh-Dole, Technology Transfer
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Scary Flying Clowns
The university IP administrators are arguing that faculty should have no voice in the inventions they make in their research work. They want federal policy to make universities into corporate-style contract research operations, creating IP for the benefit of the … Continue reading
Posted in Bayh-Dole, Bozonet, IP, Technology Transfer
Tagged clowns, Stanford v Roche
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Homebrew Industrial Revolution
Looking at Kevin Carson’s latest effort. It’s pretty uneven (such as relying on John Noble for page after page to depict all modern innovation as essentially a spillover of military spending). But it does raise important issues with regard to … Continue reading
Posted in Bayh-Dole, IP, Technology Transfer
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