Category Archives: Bayh-Dole

Federal agency patent enforcement under Bayh-Dole, 5

Posted on June 10, 2020 by Gerald Barnett

Let’s work through the situation on federal ownership of inventions outside of Bayh-Dole protocols for acquiring inventions from contractors that screw up their patenting of subject inventions. Again, we are looking for any indication that federal agencies, in acquiring patents, … Continue reading →

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More NIH Bayh-Dole Slop

Posted on June 9, 2020 by Gerald Barnett

The NIH cannot get Bayh-Dole right. Or maybe the NIH doesn’t want to get Bayh-Dole right. Here’s an NIH announcement from 2018 about policy changes, “Notice Regarding 2018 Bayh-Dole Act Final Rule – Rights to Federally Funded Inventions and Licensing … Continue reading →

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Federal agency patent enforcement under Bayh-Dole, 4

Posted on June 9, 2020 by Gerald Barnett

We are working through the contention that Bayh-Dole does not authorize federal agencies to enforce patents on federally owned inventions. It’s clear that there is no such authorization in Bayh-Dole, though the law authorizes everything else–getting patents, licensing patents, administrating … Continue reading →

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Repeal 35 USC 207 and 209, barriers to public use of federally owned inventions

Posted on June 8, 2020 by Gerald Barnett

Bayh-Dole does not authorize federal agencies to enforce patents on federally owned inventions. Federal agencies do not need patent enforcement for non-exclusive licensing. give up enforcement in exclusive licensing. Federal exclusive licensing is ineffectual and disrupts rather than promotes public … Continue reading →

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Time for an executive order to bring federal agencies into compliance with Bayh-Dole

Posted on June 8, 2020 by Gerald Barnett

Bayh-Dole precludes federal enforcement of federally owned patents. The president should issue an executive order confirming this situation by forbidding federal agencies to enforce patent rights covering federally owned patents. Doing so would remove a huge barrier to public utilization … Continue reading →

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The point at which federal patent policy in 1971 broke from public interest

Posted on June 8, 2020 by Gerald Barnett

Here’s the point at which federal patent policy broke from the public interest. In 1971, President Nixon revised the Kennedy patent policy. One of the revisions was to the federal disposition of inventions. Here’s Kennedy: Government-owned patents shall be made … Continue reading →

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Federal agency patent enforcement under Bayh-Dole, 3

Posted on June 8, 2020 by Gerald Barnett

I have made the claim that Bayh-Dole nowhere expressly authorizes federal agencies to enforce patents on federally owned inventions. There’s no express authorization for federal agencies to enforce patent rights. But perhaps there’s an implied right for the government to … Continue reading →

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Federal agency patent enforcement under Bayh-Dole, 2

Posted on June 7, 2020 by Gerald Barnett

We are working through two assertions about Bayh-Dole. The first is rather easy–Bayh-Dole does not anywhere give federal agencies the right to enforce patents on federally owned inventions. It’s not there. It’s not a matter of much argument. The second … Continue reading →

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Bayh-Dole precludes enforcement of federal patents

Posted on June 4, 2020 by Gerald Barnett

An argument regarding enforcement of federally owned inventions. Bluntly: the federal government lacks the authority to enforce patents, and the federal government should not enforce patents, and federal dealing in patent monopolies does not work. Let’s expand the argument to … Continue reading →

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Can federal agencies enforce patents on federally owned inventions?

Posted on May 29, 2020 by Gerald Barnett

Something outlandish. Bayh-Dole does not authorize federal agencies to enforce patents on federally owned inventions. Go look. I’ll wait. Patents on federally owned inventions are not ordinary patents. Bayh-Dole is part of federal patent law, Chapter 18 0f Title 35. … Continue reading →

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