Category Archives: Bayh-Dole

Exceptional Circumstances in Bayh-Dole, 6

Posted on August 24, 2018 by Gerald Barnett

You may think it’s mean of me to pick on Dr. Thomas for a talk that’s a decade old, and presented before the Stanford v Roche case was decided. If so, then you might want to consider the Public Health … Continue reading →

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Exceptional Circumstances in Bayh-Dole, 5

Posted on August 23, 2018 by Gerald Barnett

Despite the recognition that there are all sorts of federal research programs primarily directed at nonprofit-hosted research that would benefit from a determination that Bayh-Dole’s default provisions do not do a good job of promoting Bayh-Dole’s stated policy and objectives, … Continue reading →

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Exceptional Circumstances in Bayh-Dole, 4

Posted on August 22, 2018 by Gerald Barnett

In more plain language, even with regard to outcomes, Bayh-Dole is crappy public policy. At best, Bayh-Dole has enabled a betting parlor managed by nonprofits for the future value of patent rights, especially those patents directed at controlling the “market” … Continue reading →

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Exceptional Circumstances in Bayh-Dole, 3

Posted on August 21, 2018 by Gerald Barnett

“Exceptional” circumstances are not stated by Bayh-Dole to be rare or unusual ones–they could be common. Exceptional circumstances are those circumstances in which Bayh-Dole’s arbitrary default at 35 USC 202(a) is not the best thing for promoting the policy and … Continue reading →

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Exceptional Circumstances in Bayh-Dole, 2

Posted on August 20, 2018 by Gerald Barnett

Here’s the slide from Dr. Thomas that starts our descent into darkness. Part of the slide contents is accurate. Part is slipped. Let’s take up the slipped. First, Bayh-Dole does not say the federal government “retains patent rights” when the … Continue reading →

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Exceptional Circumstances in Bayh-Dole, 1

Posted on August 17, 2018 by Gerald Barnett

In 2008, Dr. Jeffrey W. Thomas, then a senior advisor to the Technology Transfer Center at the National Cancer Institute, gave a talk on Bayh-Dole’s exceptional circumstances. The slide deck is still up at a federal laboratory consortium web site. … Continue reading →

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AAU, APLU, and others aim to “bolster” federal technology transfer, 7

Posted on August 16, 2018 by Gerald Barnett

Frankly, I am weary of working through the HEAs’ nonsense advice to NIST. I expect you are too. Bullshit is so much more difficult to pin down than carefully reasoned discussion. It’s worth respecting carefully reasoned discussion, even if one … Continue reading →

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AAU, APLU, and others aim to “bolster” federal technology transfer, 6

Posted on August 15, 2018 by Gerald Barnett

We are working through the advice that AAU, APLU, and other “higher education associations” have provided to NIST on how to improve federal laboratory technology transfer. Do you expect that these associations thoroughly vetted their draft response with all their … Continue reading →

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AAU, APLU, and others aim to “bolster” federal technology transfer, 5

Posted on August 14, 2018 by Gerald Barnett

Higher education associations, led by AAU and APLU, give advice to NIST about ways to bolster federal technology transfer by telling NIST about non-federal university technology transfer. The HEAs have insisted that Bayh-Dole has been working as intended, which we … Continue reading →

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AAU, APLU, and others aim to “bolster” federal technology transfer, 4

Posted on August 13, 2018 by Gerald Barnett

We are dealing with the bombast that AAU and other “higher education associations” put forward as advice to NIST with regard to how the federal government might better manage its own technology transfer. Instead, the HEAs seek to improve their … Continue reading →

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