Category Archives: Bayh-Dole

AUTM’s invitation to delude yourself, 1

Here’s AUTM’s “Talking Points” on Bayh-Dole. Let’s read the first paragraph together. The Bayh-Dole Act: It’s Working Actually, there’s no evidence that Bayh-Dole is working because (1) Bayh-Dole makes the evidence a federal secret; (2) universities don’t release the evidence … Continue reading

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The “fix” in Bayh-Dole

People worry at times that there is a “gap” or “flaw” in Bayh-Dole. They see the problem to be that Bayh-Dole doesn’t out and decree that all inventions made with federal support are owned (or to be owned) by the … Continue reading

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When experts cheat at Bayh-Dole, bonus

It is almost impossible to detect when experts cheat. In the Tale of the Ring of Gyges, in Plato’s Republic, a shepherd finds a magic ring that makes him invisible. He then launches himself on a crime spree and ends … Continue reading

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When experts cheat at Bayh-Dole

In the classic guide to cheating at cards, The Expert at the Card Table, the point gets made that an expert cheater can cheat regardless of the watchfulness of anyone who expects him or her to cheat. An expert cheat … Continue reading

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Perhaps Riding on Hiccups

People ask, “So if Bayh-Dole isn’t the best possible solution for federally supported inventions, what is?” There are variations–“How can we improve technology transfer under Bayh-Dole?” Or, more of an assertion–“There’s no point in criticizing Bayh-Dole if you don’t have … Continue reading

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Bayh-Dole, without the useless fluffery of public protections

The public protection apparatus in Bayh-Dole appears to be there just for show, to “reassure” the public that everything will be fine with contractors owning inventions made in projects receiving public money and the government granting exclusive licenses to its … Continue reading

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The dogs in the manger, 2

We are working through some testimony from 1979 by a federal patent attorney, R. Tenney Johnson, before a Senate subcommittee considering a federal government invention policy bill that was a rival to Bayh-Dole (and strikingly similar, and didn’t pass). Johnson … Continue reading

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The dogs in the manger, 1

In 1979, R. Tenney Johnson, a career federal attorney, testified before the Senate Subcommittee on Science, Technology, and Space on Senate bill S. 1215, the “Science and Technology Research Development Utilization Policy Act.” This was the bill that was competing with … Continue reading

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Misrepresentations of Bayh-Dole

The Bayh-Dole Act has been broadly misrepresented by organizations with a vested interest in acquiring inventions to manage, including universities, law firms, university-affiliated foundations, the Association of University Technology Managers, lobbying groups representing the pharma and biotech industries, and various … Continue reading

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Bayh-Dole Basics 6: enforcement comments

Bayh-Dole is part of federal patent law. It covers three areas. Public covenant. Bayh-Dole creates a public covenant that runs with inventions arising in federally supported research and development Federal contracting. Bayh-Dole permits nonprofit organizations and small business firms to … Continue reading

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