Category Archives: Bayh-Dole

Illusions of Bayh-Dole: “manufactured substantially” 4

Posted on September 13, 2018 by Gerald Barnett

Previous articles in the series are here, here, and here. The series continues here and here. There’s a simple point to make about Bayh-Dole’s section 204 requirement that exclusive licenses to use or sell products based on a subject invention … Continue reading →

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Ten Year Note

Posted on September 12, 2018 by Gerald Barnett

Ten years ago, on September 4, 2008, I started the Research Enterprise blog. My idea was to use the blog to document what I had learned about university-based technology transfer over 15 years of licensing practice, and to describe ways … Continue reading →

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Exceptional Circumstances in Bayh-Dole, 10

Posted on September 11, 2018 by Gerald Barnett

We have been circling around the central problem of “exceptional circumstances” in Bayh-Dole. The law works to allow organizations to make decisions about patent monopolies that preempt other statutes–ones that “require a disposition of rights inconsistent” with Bayh-Dole’s arbitrary preemption … Continue reading →

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Who Owns Digital Learning Resources?–3

Posted on September 5, 2018 by Gerald Barnett

Plotkin moves on to make another good point–that “Big Pharma is the Model.” And it is–but the model is something other than the Cohen-Boyer patents that Plotkin launches into. Plotkin does not appear to recognize that Cohen-Boyer gene-splicing inventions were … Continue reading →

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Who Owns Digital Learning Resources?–2

Posted on September 4, 2018 by Gerald Barnett

We are looking at an article by Hal Plotkin, published a couple of years ago, that argues against the extension of Bayh-Dole to cover educational materials. Plotkin creates a dichotomy between universities wanting to play at being, or pandering to, … Continue reading →

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Who Owns Digital Learning Resources?–1

Posted on September 3, 2018 by Gerald Barnett

In March 2016, Hal Plotkin published “Who Owns Digital Learning Resources Funded by Taxpayers,” an article on the Department of Education’s proposal to require open licensing of works created with Department funding. Plotkin notes the objections of AAU and APLU … Continue reading →

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Bayh-Dole preempts NIH policy on improper financial gain

Posted on September 1, 2018 by Gerald Barnett

Here’s a passage from the NIH Grants Policy Statement (Part I, Chapter 4): NIH grants are subject to requirements intended to ensure that recipient organizations handle their Federal awards responsibly. Recipients are required to adopt and enforce policies that minimize … Continue reading →

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Exceptional Circumstances in Bayh-Dole, 9

Posted on August 29, 2018 by Gerald Barnett

We are working through the idea of exceptional circumstances in Bayh-Dole. There’s a problem here that lies at the root of the federal policy. Bayh-Dole states an arbitrary default–if a federal contractor acquires a patentable invention made in a project … Continue reading →

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Exceptional Circumstances in Bayh-Dole, 8

Posted on August 28, 2018 by Gerald Barnett

We  have looked at the NIH’s views on exceptional circumstances. We started with Dr. Thomas’s 2008 talk, with a discussion about how his talk fundamentally misrepresented Bayh-Dole. We then checked out the PHS Technology Transfer Manual’s statements of policy and … Continue reading →

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Exceptional Circumstances in Bayh-Dole, 7

Posted on August 27, 2018 by Gerald Barnett

The 2013 version of the PHS Technology Transfer Manual 607.1 on exceptional circumstances lists a set of questions that ought to be considered by those in an NIH institute or center (IC) in preparing a determination of exceptional circumstances. These … Continue reading →

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