Category Archives: Bayh-Dole

Whistling all the way to the bank, revisited 1

Posted on February 12, 2018 by Gerald Barnett

Back in 2010, I wrote an article titled “Whistling all the way to the bank.” The article explored the problem of compensation tied to the argument that the Bayh-Dole Act was a “vesting statute” that vested ownership of inventions made … Continue reading →

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Bayh-Dole in another simple diagram

Posted on February 9, 2018 by Gerald Barnett

Bayh-Dole conflates three distinct forms of federal contracting for research and then moves one form–university-hosted research–into the category of another, procurement from commercial firms. Here’s the diagram:   The effect of Bayh-Dole is depicted by the blue arrows. The box … Continue reading →

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University of Utah’s Mount Stupid Disclosure Claim, 3

Posted on February 8, 2018 by Gerald Barnett

Now let’s look at what the University of Utah requires by way of assignment. My snark controls have apparently failed. I will try to line out at least some of the snark. Here is a link to the template Assignment … Continue reading →

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University of Utah’s Mount Stupid Disclosure Claim, 2

Posted on February 7, 2018 by Gerald Barnett

We are working through a statement by the University of Utah regarding disclosure. We have got through one paragraph, and now are headed to the second. Unfortunately, the snark restrictor on my WordPress editor has failed and snark keeps popping … Continue reading →

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University of Utah’s Mount Stupid Disclosure Claim, 1

Posted on February 6, 2018 by Gerald Barnett

Here is a bit from the University of Utah’s web site. The general topic is final invention reporting for grant close out. Here’s the statement of interest (bold in the original, links removed): All University employees are responsible to disclose all … Continue reading →

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Bayh-Dole–enforce or repeal the patent rights clause?

Posted on February 5, 2018 by Gerald Barnett

Bayh-Dole is such a strange law. Consider: After 35 years, there is no public data supporting the claim that the Bayh-Dole Act has been successful. Bayh-Dole makes that data a government secret. Universities don’t report it. AUTM licensing surveys do … Continue reading →

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Available to one, developed by none, 2

Posted on February 2, 2018 by Gerald Barnett

We are working through the political argument that without a patent monopoly, federally supported research will never get used or developed into commercial products or ever benefit the public. It’s flowery language meant to lead those who hear or read … Continue reading →

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Bayh-Dole in one simple diagram

Posted on January 31, 2018 by Gerald Barnett

Let’s put Bayh-Dole in simple, coarse terms. Here’s a diagram of how Bayh-Dole works: Now here are two thousand words that say roughly the same thing, with the addition of a cesspool that I didn’t find a good way to … Continue reading →

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Bayh-Dole’s Public Covenant, 5

Posted on January 30, 2018 by Gerald Barnett

The Necessity of Government Action Under Its Non-exclusive Licenses Let’s look at two arguments why the government must act on its licensed rights in subject inventions. The first argument has to do with the rhetoric of Bayh-Dole. If the government … Continue reading →

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Bayh-Dole’s Public Covenant, 4

Posted on January 29, 2018 by Gerald Barnett

The Faux Public Covenant in Bayh-Dole The government license forms an essential part of the public covenant on inventions arising from research or development supported in part by government funding. For the other parts of the public covenant, the patent … Continue reading →

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