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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
Posted in Bayh-Dole, Bozonet
Tagged AUTM, Bayh-Dole, loopy delusion
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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
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
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
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
Posted in Bayh-Dole, Bozonet
Tagged arbitrary, Bayh-Dole, bureaucrat, dada, glockenspiel, hiccups, uniform
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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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Tagged Bayh-Dole, public protections
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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
Posted in Bayh-Dole, Bozonet, History
Tagged Bayh-Dole, development, dogs, inventions, Johnson, patents
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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
Posted in Bayh-Dole
Tagged Bayh-Dole, exceptional circumstances, inventions, march-in, S. 1215, Schmitt, Tenney Johnson
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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
Posted in Bayh-Dole, Bozonet
Tagged Bayh-Dole, fake history, misrepresentation
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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
Posted in Bayh-Dole
Tagged Bayh-Dole, enforcement
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