Category Archives: Bayh-Dole

Reagan’s Executive Order 12591-1

Posted on February 11, 2019 by Gerald Barnett

[Some slight elaborations here and there. 1/6/2020. Latker claims he wrote this EO. Makes sense, given the crappy (or clever–but still sloppy) drafting.] In 1987, President Reagan issued Executive Order 12591, which extended, sort of, the Bayh-Dole Act to all … Continue reading →

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Federal law on inventions made with federal support, 4

Posted on February 6, 2019 by Gerald Barnett

One cannot read “contractor” in Bayh-Dole and assume that “contractor” only refers to the initial or prime contractor. One must always look to the circumstances of a given contract to determine whether others have been made parties to the funding … Continue reading →

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Federal law on inventions made with federal support, 3

Posted on February 5, 2019 by Gerald Barnett

Now, let’s emphasize a few points. There are at least three ways that a contractor may come to own an invention made with federal support: inventors assign their inventions state law (in some cases, such as Ohio Rev Code 3345.14) … Continue reading →

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Federal law on inventions made with federal support, 2

Posted on February 4, 2019 by Gerald Barnett

Next, we add citations and qualifications to ground this framework. Specialty statutes for specific federal purposes control federal claims of ownership of inventions made under federal contract. See the list of such statutes at 35 USC 210. If a specialty statute … Continue reading →

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Federal law on inventions made with federal support

Posted on February 4, 2019 by Gerald Barnett

First, the brief version: Specialty statutes for specific federal purposes control federal claims of ownership of inventions made under federal contract. The Nixon patent policy as amended by Reagan’s executive order otherwise controls federal claims of ownership of inventions made under … Continue reading →

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Inventor freedom and the unexpected model of innovation, 1

Posted on January 28, 2019 by Gerald Barnett

Consider an alternative to the present university administrator mania for patenting. Let’s start with inventor freedom and then look once more at what I call Vannevar Bush’s unexpected model of innovation. There are difficulties in the effort. First, the social … Continue reading →

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Another NIST FAQ-up, 2

Posted on January 24, 2019 by Gerald Barnett

For the rest of NIST’s FAQ’d-up answer, let’s parse closely. NIST has just repeated the obvious–if an invention has been conceived and reduced to practice prior to federal funding, it is not a subject invention. The question, however, has to … Continue reading →

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Another NIST FAQ-up, 1

Posted on January 23, 2019 by Gerald Barnett

NIST doesn’t understand Bayh-Dole. Let’s take another look at their mind-numbing FAQ. Here’s the question NIST asks: Does an invention need to be reported if it was conceived before an award but reduced to practice as part of the award? This … Continue reading →

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Pensé and Perspectivability-2

Posted on January 22, 2019 by Gerald Barnett

I have been writing about my sense of perspective–something not possible in an infinite university, according to the Hitchhiker’s Guide to the Galaxy. Though I have worked at and for universities in technology transfer for a couple of decades, I … Continue reading →

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Pensé and Perspectivability-1

Posted on January 21, 2019 by Gerald Barnett

Some of you may have noticed that over the years I have grown more critical of the Bayh-Dole Act and especially of the people who prop it up with various forms of bluffery. The law is based on failed policy … Continue reading →

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