Category Archives: Bayh-Dole

Bayh-Dole’s repeal is more worser Bayh-Dole

Posted on August 31, 2020 by Gerald Barnett

I’ve worked this idea before, but I will try again. What happens if Bayh-Dole is repealed? First, things fall back to EO 12591, which stipulates that the heads of federal departments and agencies shall, among other things (1)(b)(4): promote the … Continue reading →

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AUTM weighs in on march-in for remdesivir

Posted on August 27, 2020 by Gerald Barnett

AUTM has issued a statement on march-in with respect to remdesivir. To date, AUTM has never supported march-in. This new statement is no exception. Howard Bremer, an AUTM founder back when AUTM was SUPA, worked on the implementing regulations for … Continue reading →

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Bayh-Dole Compliance

Posted on July 30, 2020 by Gerald Barnett

A law firm, Sterne, Kessler, Goldstein & Fox, PLLC, has posted an article on Bayh-Dole compliance written by attorney John Covert, “Patent Prosecution Tool Kit: Federally Funded Inventions and Compliance with the Bayh-Dole Act.” The advice given here is typical, … Continue reading →

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A major law firm’s new FAQ on Bayh-Dole, 4: More Mindless Administrative Compliance

Posted on July 12, 2020 by Gerald Barnett

We are nearly done with this FAQ from a major law firm purporting to give advice to small companies regarding Bayh-Dole. We are working through a list of 12 administrative compliance steps singled out as the essence of the law–those … Continue reading →

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A major law firm’s new FAQ on Bayh-Dole, 3: Mindless Administrative Compliance

Posted on July 11, 2020 by Gerald Barnett

We are working through a FAQ on Bayh-Dole that doesn’t hesitate to delight and entertain with compliance porn. Remember, the FAQ started out with the claim that Bayh-Dole was intended to “provide incentives to promote commercialization”–which isn’t rightly defensible (there’s … Continue reading →

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A major law firm’s new FAQ on Bayh-Dole, 2: Subject inventions

Posted on July 10, 2020 by Gerald Barnett

[expanded 2/28/2022 with a further discussion of contractor patenting and some editing for clarity] We are working through a sparkling fresh FAQ on Bayh-Dole by a major law firm, apparently directed at small companies fool enough to consider taking SBIR … Continue reading →

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A major law firm’s new FAQ on Bayh-Dole, 1: What is Bayh-Dole?

Posted on July 9, 2020 by Gerald Barnett

Wilson Sonsini, a big law firm, just published “Basics of the Bayh-Dole Act: FAQs.” The document appears to be directed at companies getting SBIR/STTR awards. The document is filed under “Client Advisories.” The FAQ, as a rhetorical piece, makes it … Continue reading →

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The Dole-Bayh Act: Preference for United States Industry

Posted on July 8, 2020 by Gerald Barnett

Before there was the Bayh-Dole Act, Senator Dole drafted a version of the law. We are looking at various sections. Today, the Preference for United States Industry. In Bayh-Dole, this is 35 USC 204. But in Dole-Bayh, it is Section … Continue reading →

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Defense Contracting, Bayh-Dole Fantasies, and Workarounds–3

Posted on July 7, 2020 by Gerald Barnett

We have been working through a DoD guide for contracting officers in navigating IP rights–Bayh-Dole and data rights. The data rights are a whole nother saga, so we are leaving them alone for now. Here in summary form are the … Continue reading →

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Defense Contracting, Bayh-Dole Fantasies, and Workarounds–2

Posted on July 6, 2020 by Gerald Barnett

We are working through a guide for Department of Defense contract officers that has been left up at a government website for nearly twenty years. Much has changed, but the guide hasn’t. From it we can gain some insights into … Continue reading →

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