Category Archives: Bayh-Dole

NIAID botches Bayh-Dole

This will be a bit of a long ride. Buckle up. In 2011, the US Supreme Court ruled in Stanford v Roche that the Bayh-Dole Act does not vest title to inventions made in federally supported work with the nonprofit … Continue reading

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The Bayh-Dole Public Bargain, 2

Baked into Bayh-Dole is the policy expectation that a holder of a patent on a subject invention will offer products based on that invention as if there were competition, even if a patent is used to suppress that competition. In … Continue reading

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The Bayh-Dole Public Bargain, 1

Bayh-Dole is directed at federal agencies contracting for research or development with small businesses and nonprofits. The law requires agencies to use a default patent rights clause in every funding agreement unless an agency can justify a different clause. The … Continue reading

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An Open Letter to Senator Warren Regarding Xtandi

Dear Senator Warren: You have called repeatedly for the federal government to use regulatory tools available to it to address the high prices charged for drugs. Your attention to this matter is much appreciated! I write with specific reference to … Continue reading

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Smells Like Bayh-Dole Spirit

Bayh-Dole has two main concerns: contractor patent rights (35 USC 202-204) and federal agency disposition of patents (35 USC 207-209). These two sets of provisions work together in odd but let’s say intended ways. For instance, 35 USC 207(a)(2) authorizes … Continue reading

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The Bluntly Essence of Bayh-Dole’s Contracting Provisions

Let’s be super bluntly. The essence of Bayh-Dole’s contracting provisions is: Make new product available promptly, and at a competitive price. That’s it. That’s what all the apparatus and fuss is about, and what federal agencies refuse to recognize or … Continue reading

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Cornboard, Part 1

The Bayh-Dole Coalition, an evidence-free lobbying organization in support of not enforcing Bayh-Dole’s public protections, tweeted today a “success” story: Success Story! @UofIllinois 3 Researchers developed a product known as “CornBoard”, a way to make composite materials from corn to … Continue reading

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A little expansion on varieties of exclusive license in university tech transfer

[I’ve added some additional comments, and some light editing for clarity (I hope)] I expanded a discussion of the odd wording of Bayh-Dole’s 35 USC 204, which restricts the US manufacturing requirement to exclusive licenses “to use or to sell” … Continue reading

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University of Illinois Guidance on Bayh-Dole, c. 2006 and 2022

Here is a representation of the Bayh-Dole Act, from a University of Illinois OTM brochure from 2006: The Bayh-Dole Act of 1980 determined that the University retains title to intellectual property created using Federal funding. With this ownership comes the … Continue reading

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University of Cincinnati’s Top Ten Technologies for 2023

The University of Cincinnati has published a list of its “top ten” technologies for 2023. There’s some pretty interesting work on the list, and 5 of the 10 technologies have already found a licensee (exclusive, of course). That’s impressive. But … Continue reading

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