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Category Archives: Bayh-Dole
Bayh-Dole’s Public Covenant, 3
Government Rights We turn finally to the government’s rights in inventions arising in federally supported research and development. We will consider both the scope of these rights and the effect these rights should have on the development of new technology … Continue reading
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Bayh-Dole’s Public Covenant, 2
We are working through the four primary elements of Bayh-Dole’s public covenant, which runs with each invention made in federally supported research or development. Enterprise Bayh-Dole makes a gesture, at least, in its public covenant for using the patent system … Continue reading
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Bayh-Dole’s Public Covenant, 1
Patents on Subject Inventions Are Not Ordinary Patents It has been clear since at least the late 1940s that patents on inventions made with federal government support should not be treated like ordinary patents. No one–even the advocates for Bayh-Dole–has … Continue reading
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Tagged ordinary patents, practical application, public covenant
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Illusions of Bayh-Dole: the bathos of university practice, 3
We are working through a report of a workshop discussion of Bayh-Dole’s “manufactured substantially” requirement in 35 USC 204. Actually, it’s not really a requirement–more like a gesture. It’s incredible what the workshop panel folks can’t get right about the … Continue reading
Illusions of Bayh-Dole: the bathos of university practice, 1
In 2013, David Schwartz wrote an article posted at Tech Transfer Central’s “Technology Transfer University Reporter” about the “substantially manufactured” requirement in Bayh-Dole (35 USC 204). Schwartz reports advice offered by a workshop panel on handling NIH waiver requests, but … Continue reading
Illusions of Bayh-Dole: “manufactured substantially” 3
The start of this article is here. The fourth installment is here. [Bayh-Dole’s section 204 (35 USC 204) permits federal agencies to waive the requirement that exclusive licenses to use or sell in the United States must require product sourced … Continue reading
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Tagged 35 USC 204, Bayh-Dole, manufactured substantially, similar terms, waiver
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Illusions of Bayh-Dole: “manufactured substantially” 2
The start of this article is here. We are taking apart section 204 of the Bayh-Dole Act, the “Preference for United States manufacturing” that ends up being almost useless for its purpose. But to get there, we have to go … Continue reading
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Tagged 204, Bayh-Dole, manufactured substantially
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Illusions of Bayh-Dole: “manufactured substantially” 1
Let me show you how empty the Bayh-Dole provision on “Preference for United States Industry” (35 USC 204) is. According to its terms, this provision is the single most important piece of federal patent policy. For convenience, here’s the provision: … Continue reading
Illusions of Bayh-Dole: Bayh and Dole argue for unreasonable drug pricing
Here’s an article by Birch Bayh and Bob Dole published in the Topeka Capital-Journal in 2002 with the headline “Bayh, Dole: Drug price controls hurt, and weren’t intended.” In the article, the co-sponsors of Bayh-Dole aim to rebut Peter Arno … Continue reading
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Illusions of Bayh-Dole: patent blockages and incentives
In 1979, when S. 414 was introduced by Senators Bayh and Dole–later much of the language of S. 414 would form the core of the Bayh-Dole Act–Senator Bayh made the following claim: Some 30,000 government-owned patents are piled up awaiting … Continue reading