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Category Archives: Bayh-Dole
Bayh-Dole’s preemption of public purposes to re-establish a patent monopoly pipeline
I wrote a Twitter thread in retweeting this observation. Erin (Eeks) Stair @DrErinkate Don’t forget about Bayh-Dole, passed in the 80s, which enabled the #NIH to use our tax dollars to fund drug research at institutions & businesses; allow them … Continue reading
AAU, APLU, and others aim to “bolster” federal technology transfer, 3
A set of higher education associations–front groups for a bunch of research universities–has published their advice in response to NIST’s call for ways to improve federal technology transfer. AAU, APLU, AAMC, COGR, and ACE all signed on to the statement that … Continue reading
AAU, APLU, and others aim to “bolster” federal technology transfer, 2
We are working through advice offered to NIST by various higher education associations on how to improve federal technology transfer by funding without oversight the “technology transfer” programs of non-federal institutions. If the gist is all you need, then don’t … Continue reading
AAU, APLU, and others aim to “bolster” federal technology transfer, 1
AAU has tweeted out its happiness with advice it and other “higher education associations” (APLU, AAMC, COGR, and ACE) have given in response to NIST’s call for public comment on ways to improve federal “technology transfer.” AAU tweets that “Bayh-Dole … Continue reading
Bayh-Dole Basics, 7: Disclosure comments, 4
Though it’s rather useless to do so, let’s consider then the steps required by a Bayh-Dole compliant disclosure. I say it’s useless because no one complies with Bayh-Dole and federal agencies don’t care. The law doesn’t operate but enables something … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, disclosure, specification
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Bayh-Dole Basics, 7: Disclosure comments, 3
We are considering disclosure under Bayh-Dole. You may have thought that every invention made with anything like federal support must be disclosed. That you now know is not true. Under Bayh-Dole, inventors have no obligation to disclose anything, though they … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, disclosure, scare scenarios
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Bayh-Dole Basics, 7: Disclosure comments, 2
We are working through the details of Bayh-Dole’s requirement that all subject inventions must be disclosed. What are subject inventions? What is the scope of a funding agreement? Who must disclose? What is the nature of the disclosure? Good questions, … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, BDCBF, disclosure, dog turds, subject invention
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Bayh-Dole Basics, 7: Disclosure comments, 1
This will be longish. For the brief of heart, here’s a synopsis. Invention disclosure is the heart of Bayh-Dole standard patent rights compliance. Disclosure is not reporting that an invention exists. Disclosure means providing, for an invention owned by a … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, development, disclosure, practical application, research
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Bayh-Dole Basics, 7: Disclosure
The Bayh-Dole Act requires contractors who acquire title to an invention made in the performance of work under a federal funding agreement to disclose that invention to the federal government. Here’s 35 USC 202(c)(1), specifying one condition among others that … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, disclosure, report
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Mapping Bayh-Dole Flow of Control
I have updated this article from June 24, 2011 in light of the Stanford v Roche decision. In its previous version, the article sets out the idea that a federal agency has a right to claim title to inventions made … Continue reading
Posted in Bayh-Dole, Sponsored Research
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, flow of control, SPRC
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