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Category Archives: Bayh-Dole
Bayh-Dole and Public Service
It occurs to me that something else may also be preempted by the typical university approach to Bayh-Dole: public service. This in particular might be something of consequence for land grant universities. Let’s see how this might arise. I have … Continue reading
Posted in Bayh-Dole, Technology Transfer
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Still in Shock
I’m still in shock, having seen AUTM and WARF, among others, out proposing that Bayh-Dole pre-empts the normal vesting of ownership of inventions, and worse and worse arguing that doing so somehow supports academic freedom and therefore is noble. The … Continue reading
The Minimum Policy
As you may have noticed, I have been working through ownership issues for inventions made under Bayh-Dole. A question that has come up is: What’s the minimum policy required at a university to implement Bayh-Dole? It would appear that a … Continue reading
Posted in Bayh-Dole, Sponsored Research, Technology Transfer
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Not a Flying Toy–Extended
This is part of the discussion I posted previously at Techno-L on 11/3/09. I’m putting it up here for the sake of assembling the various takes on this issue. It lays out some of the diverse ways Bayh-Dole could be … Continue reading
Posted in Agreements, Bayh-Dole, Policy, Technology Transfer
1 Comment
Don't Be a Title-Retentive Bureauklept
I’ve written a bunch on this topic. Here’s a shorter restatement of the previous posts. Patent rights under Bayh-Dole do not vest outright with the university, but rather with inventors as rights in personal property. Title to inventions in Bayh-Dole … Continue reading
Posted in Bayh-Dole, Projects, Technology Transfer
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Apply It Like It Is S v R
(Note: this post continues from the previous one. I don’t take up the particulars of the Stanford v. Roche case, and I wish the disputants, the judges, the attorneys and inventors all the best. Here, I aim to show how … Continue reading
Posted in Bayh-Dole, Sponsored Research, Technology Transfer
Tagged assignment, Bayh-Dole, Stanford v Roche
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What Happens?
I’ve spent some time in previous posts mapping out ways title to inventions is managed under Bayh-Dole. I’ve argued that Bayh-Dole sets up an apparatus of disclosure and obligation that permits a range of practices by universities while protecting government … Continue reading
Posted in Bayh-Dole, Sponsored Research, Technology Transfer
Tagged Bayh-Dole, Stanford v Roche
1 Comment
Why Can't We Be Friends?
Yesterday I read through the amicus curae brief filed by WARF, AUTM, UC, and others. I thought about it on the commute home, and read it over some more last night and early this morning. I’m bothered, and not just … Continue reading
Posted in Bayh-Dole, Sponsored Research, Technology Transfer
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Pining for Fjords
[Note: This post was written two years before Stanford v Roche was decided by the US Supreme Court, which held that Bayh-Dole does not vest title to inventions made in federally supported work with the contractor but rather governs the … Continue reading
Posted in Bayh-Dole, Sponsored Research, Technology Transfer
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The Use Cascade
Re-reading an article today that argues for an “implied duty to commercialize” under Bayh-Dole. This all gets me grumpy because it reinforces a simplistic equivalence in understanding the law: that “commercialization” is the primary goal. And by “commercialization” is meant, … Continue reading
Posted in Bayh-Dole, Technology Transfer
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