Category Archives: Bayh-Dole

A non-compliant Bayh-Dole written agreement at Yale-2

Posted on January 9, 2020 by Gerald Barnett

Now let’s look at a “Patent Policy Acknowledgement & Agreement” from Yale University. Here it is: Yale’s web site asserts that this agreement is required “for grant and patent compliance.” That’s a strange combination–grant and patent. One might think grant … Continue reading →

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A non-compliant Bayh-Dole written agreement at Yale-1

Posted on January 8, 2020 by Gerald Barnett

Bayh-Dole’s standard patent rights clause introduces a requirement not in Bayh-Dole. 37 CFR 401.14(f)(2) requires contractors to require their employees, other than clerical and non-technical employees, to make a written agreement to protect the government’s interest in subject inventions: The … Continue reading →

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3 More Oddities of 35 USC 210

Posted on January 7, 2020 by Gerald Barnett

We are working through oddities of Bayh-Dole’s assertion of precedence over other Acts. 11. Consider some possible variations on 35 USC 210’s treatment of precedence. Here’s the present text of the start of 210(a) again: This chapter shall take precedence … Continue reading →

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10 Oddities of 35 USC 210

Posted on January 6, 2020 by Gerald Barnett

The Bayh-Dole Act does not repeal prior law with regard to inventions arising from federally supported research or development. Instead, it selectively preempts statutes (with some exceptions). Here is the start of 35 USC 210(a): This chapter shall take precedence … Continue reading →

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Bayh-Dole government-wide licenses

Posted on January 3, 2020 by Gerald Barnett

In a Twitter thread in which Jennifer Gunter argues that “Americans should not be bankrolling the pharmaceutical industry,” Steven Martin tweets Let’s work this through. There is no need to revise Bayh-Dole for state and municipal governments to authorize the … Continue reading →

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Reagan’s Bayh-Dole cluster bungle

Posted on December 29, 2019 by Gerald Barnett

In 1987, President Reagan signed an executive order (12591) that aimed to legitimize his 1983 memorandum that instructed heads of executive branch departments and agencies to “promote the commercialization . . . of patentable results of federally funded research by … Continue reading →

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The inefficiencies of Bayh-Dole discussions-1

Posted on December 10, 2019 by Gerald Barnett

A common approach to discussions of Bayh-Dole is (1) accept that what is happening is just what people say is happening–the law is working (as people claim), based on a politicized spun history (as people claim), based on a metrics … Continue reading →

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A sense of proportion–5

Posted on December 7, 2019 by Gerald Barnett

One can see, then, where Bayh-Dole comes into play in this meaningless mess. Bayh-Dole was drafted by the same folks who created the IPA system. The IPA system was shut down in 1978 as ineffective and contrary to public policy. … Continue reading →

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The 100x Model–1 Protection

Posted on December 2, 2019 by Gerald Barnett

Bayh-Dole uses “protectable” with respect to inventions 35 USC 201(d). That’s strange. Nothing else in patent law has to do with protecting inventions. What could “protection” have to do with inventions, as a matter of law no less? To get … Continue reading →

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Univeristy and Exclusive Licensee Exposure to Bayh-Dole Non-Compliance

Posted on November 25, 2019 by Gerald Barnett

I’ll try to make this simple. When a university creates a written policy that commits it to attempting to commercialize inventions made with federal support, that policy alters the scope of any proposal the university submits for federal funding. Commercialization … Continue reading →

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