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Category Archives: Bayh-Dole
More Contempt of the Supreme Court at the NIH
Here is more misrepresentation of Bayh-Dole from the NIH, the creator of Bayh-Dole, purporting to be advice for inventors: Under the Bayh-Dole Act, your institution as the grant recipient owns rights to the NIH-funded invention and has the right and obligation … Continue reading
Posted in Bayh-Dole, Bozonet, Technology Transfer
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University Confusion Over Bayh-Dole and Copyright, 2
We are working through a recent article posted at Emory University’s technology transfer site [since thankfully removed]. The article claimed that Bayh-Dole has something to do with copyrights and data, asserted that the reporting requirements are complicated, and then fussed … Continue reading
Posted in Bayh-Dole, Bozonet, Sponsored Research
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University Confusion Over Bayh-Dole and Copyright, 1
[This article comments on an article at Emory University’s technology transfer office’s web site. The article has finally been removed, so I have in turn removed some identifying elements. I’m keeping this article up, however, for the discussion of Bayh-Dole … Continue reading
The Rat in Bayh-Dole’s Rotten Pickle Barrel: 35 USC 202(c)(5)
Most of the Bayh-Dole pundits out there in the university patent and license world have never understood Bayh-Dole. I’m not sure all that many have read the statute. Certainly if they did so, they read without comprehension. Take this recent … Continue reading
Regulatory Blah-Blah and the Public Interest in Inventions
Look, if two different units of the same company come to you to support research, and the units offer different and conflicting terms for their funding, then you tell them to knock their heads together and figure out just what … Continue reading
Posted in Bayh-Dole, Projects, Sponsored Research
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Assignment of subject inventions, not assignment of patents
Let’s make something really clear about inventions and patents. Courts have repeatedly held that an assignment of an invention is made when all substantial rights in an invention are conveyed, whether by assignment or exclusive license. The rights to make, … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, exclusive license, subject invention
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Even the $100K/yr drugs don’t much work
Advocates for Bayh-Dole make a great deal over the number of drugs that involve university patents that have been approved since the passage of the Bayh-Dole Act. One of their measures is the number of drugs that have been developed. … Continue reading
Taking Apart APLU’s Talking Points on Bayh-Dole, 4
One more bit about Bayh-Dole in the APLU Talking Points: Before 1980, fewer than 250 patents were issued to U.S. universities annually; discoveries were rarely commercialized for the public’s benefit. By contrast, according to a recent survey by the Association … Continue reading
Taking Apart APLU’s Talking Points on Bayh-Dole, 3
We are working through APLU’s Talking Points on the cash cows of Bayh-Dole, commercialization, entrepreneurship and whatever else the federal government can be induced to fund. The APLU Talking Points turn next to what the federal government should do to … Continue reading
Taking Apart APLU’s Talking Points on Bayh-Dole, 2
We are working through APLU’s Talking Points on the cash cows of Bayh-Dole, commercialization, entrepreneurship and whatever else the federal government can be induced to fund. We reach a talking point in bold. It must be more important than the … Continue reading