Category Archives: Bayh-Dole

Bayh-Dole–six parts real, one part faux

Posted on January 11, 2018 by Gerald Barnett

Bayh-Dole is a law in six real parts and one faux part. There’s a policy part (35 USC 200, 201, 206, 210-212); requirements for contractor owned inventions (35 USC 202(a, b), 203, 204, 205); requirements for federally owned inventions (35 … Continue reading →

Posted in Bayh-Dole, Bozonet, Policy | Comments Off on Bayh-Dole–six parts real, one part faux

Bayh-Dole’s only purpose is to exploit public suffering for profit

Posted on January 10, 2018 by Gerald Barnett

The Bayh-Dole Act was created to permit the pharmaceutical industry to gain patent monopolies over inventions in medicinal chemistry made with federal government support. I have been through the history. I have worked through law for a decade. I practiced … Continue reading →

Posted in Bayh-Dole, Policy, Stanford v Roche | Tagged , , | Comments Off on Bayh-Dole’s only purpose is to exploit public suffering for profit

The Biddle Report’s Perfectly Fine Assumptions

Posted on January 5, 2018 by Gerald Barnett

From time to time, I revisit territory. I wrote about this issue almost two years ago, now. I provide here a different angle that gets at the same point. Here’s Sean O’Connor proposing that a flawed assumption in the U.S. … Continue reading →

Posted in Bayh-Dole, History, Policy, Stanford v Roche | Tagged , , , , , | Comments Off on The Biddle Report’s Perfectly Fine Assumptions

Optimism for a New Year

Posted on January 1, 2018 by Gerald Barnett

It’s a whole new year, rather than just December 32. In 2017, Research Enterprise published over 250 articles on various aspects of invention policy and innovation, with lots of attention on the Bayh-Dole Act and on universities that cannot seem … Continue reading →

Posted in Bayh-Dole, Freedom, Policy | Comments Off on Optimism for a New Year

The loss of public information in Bayh-Dole’s allocation of principal rights, 2

Posted on December 30, 2017 by Gerald Barnett

The effort to deal with government favoritism in handing out patent monopolies in areas of public welfare of direct interest to government requires a socially acceptable rationale. That rationale takes the form of a public covenant that runs with the … Continue reading →

Posted in Bayh-Dole, History | Comments Off on The loss of public information in Bayh-Dole’s allocation of principal rights, 2

The loss of public information in Bayh-Dole’s allocation of principal rights, 1

Posted on December 29, 2017 by Gerald Barnett

Under the Kennedy and then Nixon executive branch patent policies, contractors engaged in federally supported research or development–and which did not meet the ordinary conditions under which a contractor was allowed to retain ownership of inventions made with federal support–could … Continue reading →

Posted in Bayh-Dole, History | Comments Off on The loss of public information in Bayh-Dole’s allocation of principal rights, 1

Bayh-Dole and Clauses for domestic contracts, 1-9.107-6

Posted on December 26, 2017 by Gerald Barnett

Here’s Bayh-Dole’s definition of “subject invention”: The term “subject invention” means any invention of the contractor conceived or first actually reduced to practice in the performance of work under a funding agreement: Provided, That in the case of a variety of plant, … Continue reading →

Posted in Bayh-Dole, History | Tagged , , | Comments Off on Bayh-Dole and Clauses for domestic contracts, 1-9.107-6

Ten Points Regarding Bayh-Dole and Its Fantasizers

Posted on December 22, 2017 by Gerald Barnett

Here’s some things to consider about Bayh-Dole and university patent administration: 1. Bayh-Dole is part of federal patent law. Bayh-Dole defines a new category of patentable invention, the subject invention. Bayh-Dole defines a public covenant for subject inventions that runs … Continue reading →

Posted in Bayh-Dole | Comments Off on Ten Points Regarding Bayh-Dole and Its Fantasizers

Thinking about projects, small and big–8

Posted on December 18, 2017 by Gerald Barnett

Here’s the rub for “the work” that necessarily includes “commercialization.” Any license or assignment of an invention made in “the work” draws that licensee or assignee into “the work.” That licensee, to the extent that commercialization is a requirement of … Continue reading →

Posted in Bayh-Dole, Commons, Freedom, Projects, Sponsored Research | Comments Off on Thinking about projects, small and big–8

Thinking about projects, small and big–7

Posted on December 15, 2017 by Gerald Barnett

What have we got to by musing on research projects at universities? First, that a sponsor may support a big project by providing support to a small project that is a component of that big project. The sponsor who does … Continue reading →

Posted in Bayh-Dole, Commons, Freedom, Projects, Sponsored Research | Comments Off on Thinking about projects, small and big–7