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Category Archives: Bayh-Dole
Defense Contracting, Bayh-Dole Fantasies, and Workarounds–1
In 2001, the Office of the Under Secretary of Defense For Acquisition, Technology and Logistics published a guide to federal contracting–“Intellectual Property: Navigating Through Commercial Waters: Issues and Solutions When Negotiating Intellectual Property with Commercial Companies.” [Or get it here. … Continue reading
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Tagged Bayh-Dole, federal contract
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The Dole-Bayh Act: Subject Inventor
Before the Bayh-Dole bill came together, there were precursors. One of these is a draft bill produced by Senator Dole. It differs in a number of ways from the bill that became Bayh-Dole, and the differences provide some insight into … Continue reading
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The Dole-Bayh Act: Patentability
We are looking at a draft of a bill proposed by Senator Dole, with Bayh along for the ride. It–and other drafts, such as the Thornton bill (HR 8596), and the Institutional Patent Agreement master, and the Federal Procurement Regulation … Continue reading
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Tagged Bayh-Dole, invention, patentability
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Persons under Bayh-Dole
Bayh-Dole defines “contractor” as ” Any person, small business firm, or nonprofit organization that is a party to a funding agreement. You might think this is about as straightforward as things can get. You might think wrong. What follows is … Continue reading
Bayh-Dole, Tyrannosaurus
Bayh-Dole is a mess of a law. There’s the mess of the conception itself, the disgusting and ineffectual idea that the federal government should sue its citizens for using inventions made with public funding to advance public purposes–and should do … Continue reading
One way Bayh-Dole destroys innovation opportunity in the U.S.
When Bayh-Dole came into effect in 1981, it had this requirement for subject inventions retained by contractors (35 USC 202(c)(3)) (my bold): (3) A requirement that a contractor electing rights file patent applications within reasonable times and that the Federal … Continue reading
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Federal agency patent enforcement: Gilead, 3
If you turn off all logic, then Bayh-Dole is whatever it is. But with logic on, the compelling public interest reason for the federal government to claim inventions made by federal employees (or even by the employees of federal contractors) … Continue reading
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Tagged Bayh-Dole, CDC, enforcement, Gilead
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Federal agency patent enforcement: Gilead, 2
Now let’s look at how Bayh-Dole deals with federal agency patent dealings with regard to licensing. 35 USC 207 authorizes patent dealing and 35 USC 209 stipulates the conditions under which exclusive licenses may be granted and the terms and … Continue reading
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Tagged Bayh-Dole, enforcement, federally owned, Gilead, patent, PrEP
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Federal agency patent enforcement: Gilead, 1
Set aside for the moment the standing of a contractor or contractor’s assignee for such stuff. Consider a federal agency. Does a federal agency have standing under Bayh-Dole’s extension of patent law–and especially 35 USC 200 and 207–to seek injunctive … Continue reading
Bayh-Dole Nutshell 1: Use it or lose it
If you don’t achieve practical application in a reasonable time, you lose the right to enforce your patent. Bayh-Dole’s fundamental policy is that the patent system must be used to promote the utilization of inventions arising from federally supported research … Continue reading