Category Archives: Bayh-Dole

Bayh-Dole Basics 6: enforcement

Back in February and March 2018, Research Enterprise published a series on Bayh-Dole basics. Here’s one more entry in that series. As a first approximation, there is no enforcement of Bayh-Dole. Bayh-Dole is a do WTF you want law. University talk … Continue reading

Posted in Bayh-Dole | Tagged , | Comments Off on Bayh-Dole Basics 6: enforcement

Utilization and commercialization in Bayh-Dole

Bayh-Dole’s stated policy and objective is utilization of inventions arising in federally supported research or development–not specifically commercialization: . . . use the patent system to promote the utilization of inventions arising from federally supported research or development . . … Continue reading

Posted in Bayh-Dole | Tagged , , | Comments Off on Utilization and commercialization in Bayh-Dole

Three ways Bayh-Dole advocates abuse their audiences

Folks who advocate for Bayh-Dole generally abuse their audiences three ways. First, they recite fake history.  Bayh-Dole did not make any great change in ownership of inventions made in projects receiving federal support, especially for universities. Prior to Bayh-Dole, contractors … Continue reading

Posted in Bayh-Dole | Tagged , , , | Comments Off on Three ways Bayh-Dole advocates abuse their audiences

The rule of law

Let’s look at Bayh-Dole and subject inventions from another angle. Same material as in our last article, developed a bit differently. Nothing in federal patent law requires an inventor to use the patent system. Nothing in federal patent law vests … Continue reading

Posted in Bayh-Dole | Tagged , , , | Comments Off on The rule of law

Bayh-Dole applies only to subject inventions

Bayh-Dole has three parts–a contracting part, a federal licensing part, and a general part. The general part includes 35 USC 200 (statement of policy and objectives), 35 USC 210 (precedence and general requirements), and 35 USC 211 (antitrust). When people … Continue reading

Posted in Bayh-Dole | Tagged , , , | Comments Off on Bayh-Dole applies only to subject inventions

The AUTM CEO’s Speech, Fitt 4

We are about done with the AUTM CEO’s speech at the NIST symposium on “unleasing American innovation.” Yes, it is trash, so we are trashing it. But there’s a purpose here. It’s not just that there is a difference of … Continue reading

Posted in Bayh-Dole, Bozonet | Tagged , , , , | Comments Off on The AUTM CEO’s Speech, Fitt 4

The AUTM CEOs Speech, Fitt 3

We are working through a recent talk by the CEO of the Association of University Technology Managers at a symposium hosted by NIST on “unleashing American innovation.” The AUTM CEO now turns to a deeper neurosis that has almost nothing … Continue reading

Posted in Bayh-Dole, Bozonet | Tagged , , , , | Comments Off on The AUTM CEOs Speech, Fitt 3

The AUTM CEOs Speech, Fitt 2

We are working through a speech that the CEO of the Association of University Technology Managers gave at a recent symposium sponsored by NIST with the dubious title “Unleashing American Innovation.” Our CEO has made pompous claims about his organization … Continue reading

Posted in Bayh-Dole, Bozonet | Tagged , , , , | Comments Off on The AUTM CEOs Speech, Fitt 2

The AUTM CEOs Speech, Fitt 1

As part of NIST’s recent symposium on “unleashing American innovation,” the CEO of the Association of University Technology Managers (AUTM) read a talk. Let’s work through his talk and see what we can learn. I have made a transcript so … Continue reading

Posted in Bayh-Dole, Bozonet | Tagged , , , , | Comments Off on The AUTM CEOs Speech, Fitt 1

A law firm opines about a NIST rule, and I opine about the opining

A law firm gives an overview of the new NIST regulations for Bayh-Dole. It leads with fake history. Not a good sign. First enacted in 1980, the Bayh-Dole Act (as amended, the “Act”) for the first time permitted research institutions … Continue reading

Posted in Bayh-Dole | Tagged , , , | Comments Off on A law firm opines about a NIST rule, and I opine about the opining