Category Archives: Bayh-Dole

The VA gets a bit of Bayh-Dole

Posted on January 20, 2019 by Gerald Barnett

The Department of Veteran’s Affairs produced a template Cooperative Technology (Inventions) Administration Agreement available at a web site called Agreement Sample.  The template is modeled on a CRADA agreement, but instead of research, the agreement concerns the administration of inventions made … Continue reading →

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Administrative lupus

Posted on January 19, 2019 by Gerald Barnett

I while ago I wrote an article on some suggestions for changing Bayh-Dole. The first suggestion was to add a research “exemption.” The authors–one a former senior university patent administrator from a very big university–were well meaning, and perhaps there … Continue reading →

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These are not the investors Congress was looking for

Posted on January 18, 2019 by Gerald Barnett

Universities routinely assign federally funded inventions to companies. They do so under the cover of an exclusive patent license, expecting that they won’t get caught. There are two kinds of exclusive license. In one, a true exclusive license, the licensee … Continue reading →

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Bayh-Dole inventor disclosure summary

Posted on January 16, 2019 by Gerald Barnett

Let’s summarize. Bayh-Dole does not require inventors to disclose inventions arising in federally supported research or development. It’s just not there. Go look. I’ll wait. Bayh-Dole does not require inventors to give up rights to their inventions.  It’s not there. … Continue reading →

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When to disclose inventions? Part II: Bayh-Dole, 2

Posted on January 15, 2019 by Gerald Barnett

We are explaining why, despite widespread insistence by folks who set themselves up as experts, there’s no obligation in Bayh-Dole for inventors to disclose inventions made under a federal contract. The first point to be made is that if one … Continue reading →

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When to disclose inventions? Part II: Bayh-Dole, 1

Posted on January 14, 2019 by Gerald Barnett

When to disclose a subject invention under Bayh-Dole? It doesn’t matter. Really. Let me explain. The Bayh-Dole Act applies to subject inventions. A subject invention is an invention (i) owned by a contractor (ii) that is or may be patentable … Continue reading →

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A century of reaping enormous profits at the expense of sickness and misfortune, 3

Posted on January 13, 2019 by Gerald Barnett

The Mayo doctors, having made their specific arguments with regard to salvarsan in their 1917 letter to Congress, end with a full scale plea, not only to cancel the patent for salvarsan but also for other German drugs, and for … Continue reading →

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A century of reaping enormous profits at the expense of sickness and misfortune, 1

Posted on January 11, 2019 by Gerald Barnett

In June 1917, the United States had just entered the first world war against Germany, and a German chemical maker through its American subsidiary Farbwerke-Hoechst held U.S. patents on salvarsan, a medicine used to treat syphilis. Along letters written on … Continue reading →

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“Promote” in Bayh-Dole, 4

Posted on January 8, 2019 by Gerald Barnett

In arguing in Public Citizen v NIH that secret exclusive deals were the only way the NIH could fulfill its public mission–or at least the mission of its patent licensing office–the NIH produced some interesting metrics. In 2000, the NIH … Continue reading →

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“Promote” in Bayh-Dole, 3

Posted on January 7, 2019 by Gerald Barnett

We are working through the Public Citizen v NIH case. Public Citizen sought to make the NIH disclose key elements of its exclusive licensing practice, and NIH refused. The Court agreed with the NIH–that in the balance between public interest … Continue reading →

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