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Category Archives: Bayh-Dole
Subject invention reporting and federal funding agreements
It would be interesting to see an audit of university invention reporting practices, especially in light of the definition of “funding agreement” and what it means for an invention to be made “in the performance of work under a funding … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, funding agreement, nonprofit, patent rights clause, subject invention
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The effect of eliminating Bayh-Dole invention reporting
The invention reporting requirement is fussy bureaucracy as it is presently practiced. Federal agencies appear to do nothing with the information reported other than to run up costs at taxpayer expense to receive the information. Nothing meaningful happens as a … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, enforcement, kill Bayh-Dole, patent right clause, shadow patent office, subject invention
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Why universities might fail to report subject inventions
James Love asks why universities fail to report subject inventions. The question might seem rather odd, because in practice Bayh-Dole has been construed to give university administrators incentives to expand the definition of subject invention and so claim anything and … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, invention disclosure, KEI, reporting, subject invention
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Nonprofit assignment of subject inventions in the standard patent rights clause 37 CFR 401.14(a)(k)(1)
[As of May 14, 2018, NIST has relettered things so the reference is now 37 CFR 401.14(k)(1)–there cannot be multiple standard patent rights clauses anymore–just one big honking one with a maze of conditionals.] Universities ubiquitously claim as a matter … Continue reading
Posted in Bayh-Dole
Tagged (k)(1), 35 USC 202(c)(7), assignment, Bayh-Dole, subject invention
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GAO reports Bayh-Dole is a do WTF you want law
Bayh-Dole is a do WTF you want law. Don’t take my word for it. You don’t even have to go read the law to see what I have been talking about. Here, check out this report from the GAO, for … Continue reading
Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 3
The first part of this article is here. The exclusive license that UCLA granted to Medivation meets the requirements for an assignment of the subject invention. The license grants substantially all rights in the subject invention (to all compounds for … Continue reading
Posted in Bayh-Dole
Tagged enzalutamide, KEI, march-in, patent rights clause, subject invention, UCLA, Xtandi
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Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 2
The first part of this article is here. To explore these issues, let’s take a look at Xtandi, a prostate cancer drug that has received press recently in the debate over high drug prices. Xtandi sells in the U.S. for … Continue reading
Posted in Bayh-Dole
Tagged enzalutamide, march-in, Medivation, patent rights clause, Pfizer, subject invention, UCLA, Xtandi
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Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 1
There is a big divide regarding what Bayh-Dole was supposed to accomplish with regard to the use of patents on publicly funded research. On one side is the view that publicly supported research should be freely or otherwise reasonably available … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, Medivation, subject invention, UCLA, WTF, Xtandi
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The devils in the details: Bayh-Dole supports academic freedom, 2
Part 1 of this article is here. By requiring the contractor to require “technical” employees to make a written agreement, (f)(2) does some fundamental things within the framework of definitions set up by Bayh-Dole. Watch the devils tumble out in … Continue reading
Posted in Bayh-Dole, Bozonet, Freedom, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, devil, patent, subject invention, WARF
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Enforce Bayh-Dole To Reform Bayh-Dole
I posted the first half of an article that lays out how Bayh-Dole, if university adminstrators complied with the law and its patent rights clause, would support the academic freedom of faculty inventors. I also pushed a related tweet thread … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), 35 USC 200, Bayh-Dole, Darth Vader, enforce
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