Category Archives: Bayh-Dole

Department of Education Open Licensing and Bayh-Dole Goofiness

Posted on July 18, 2019 by Gerald Barnett

We have looked at fresh worthlessness of Bayh-Dole march-in in the context of Bayh-Dole’s defaults on required background invention licensing when a contractor licenses a foreground subject invention. We noted that 35 USC 202(f) provides for federal agencies to include … Continue reading →

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Contractor Background Rights and March-in

Posted on July 17, 2019 by Gerald Barnett

Bayh-Dole’s march-in provisions (35 USC 203) are worthless. They were designed to be worthless, except for creating a show of public oversight and intervention that allowed Bayh-Dole to get through Congress and be signed into law. Bremer bragged about how … Continue reading →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-9

Posted on June 28, 2019 by Gerald Barnett

We can now–finally–oh gawd this is painful–turn to the place of “reasonable terms” in all of this mess of Bayh-Dole march-in. Simply, Bayh-Dole march in concerns itself with benefits of use available to the public on reasonable terms, not licenses … Continue reading →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-8

Posted on June 26, 2019 by Gerald Barnett

In Bayh-Dole the march-in for health or safety needs is drafted to prevent the government from breaking up private patent monopolies on supported inventions merely because there are health or safety needs. The default public policy in Bayh-Dole is that … Continue reading →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-7

Posted on June 25, 2019 by Gerald Barnett

Now let’s look at Bayh-Dole’s treatment of march-in (35 USC 203(a)) and “reasonable terms”: . . . the Federal agency . . . shall have the right . . . to require the contractor . . . to grant a … Continue reading →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-6

Posted on June 24, 2019 by Gerald Barnett

Now let’s look at the transmogrification of the definition of practical application from Kennedy to Bayh-Dole. In doing so, we also will see how the usage of “reasonable terms” arises, along with Bayh-Dole’s introduction of “reasonably satisfies.” This gets detailed. … Continue reading →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-5

Posted on June 20, 2019 by Gerald Barnett

We are working through the prior federal regulations in an effort to understand the “reasonable terms” requirement in Bayh-Dole’s 35 USC 203(a)(1) march-in condition. In the Kennedy executive branch patent policy, contractors had two primary routes to retain ownership of … Continue reading →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-4

Posted on June 10, 2019 by Gerald Barnett

We are working through the details of prior treatments of what becomes “reasonable terms” in Bayh-Dole’s definition of “practical application.” This definition in turn becomes the threshold for federal agency march-in under 35 USC 203(a)(1)–the first of the four march-in … Continue reading →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-3

Posted on June 7, 2019 by Gerald Barnett

We are working through the NIH’s Institutional Patent Agreement master template to establish the context for Bayh-Dole’s use of “reasonable terms” in its definition of practical application, which in turn establishes the march-in threshold for 35 USC 203(a)(1), one of … Continue reading →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-1

Posted on June 5, 2019 by Gerald Barnett

This will be longish. It’s a document of the details. In a world where people spout TL;DR for most any issue of substance, and want a sound bite to gulp instead, this ain’t it. Perhaps we can get all brief … Continue reading →

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