Category Archives: Bayh-Dole

The University of Pittsburgh’s Fake News Summary of Bayh-Dole, 1

AUTM a few weeks ago pointed favorably to a description of the Bayh-Dole Act posted by the University of Pittsburgh. Let’s have a look, then. The post is titled “What It Means for Technology Commercialization.” While “It” is ominous in … Continue reading

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A Brief History of “Of” in Federal Invention Regulations

In Stanford v Roche, the Supreme Court ruled that “of the contractor” in the definition of “Subject Invention” meant “owned by the contractor” and not “made by employees with the use of federal funds.” Here’s the Court: Stanford asserts that … Continue reading

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Getting off your UFRDA

In 1981, Senator Harrison Schmidt introduced a bill to replace Bayh-Dole with a more general law regarding inventions made with federal support, the “Uniform Federal Research and Development Act of 1981.” It doesn’t appear that the university patent brokers had … Continue reading

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Nolo Press Still Confused About Bayh-Dole, 2

Now the Nolo page turns to Stanford v Roche. Given how Nolo can’t seem to get much at all right about Bayh-Dole, what do you think the odds are with Stanford v Roche? Stanford v. Roche (2011): The Supreme Court … Continue reading

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Nolo Press Still Confused About Bayh-Dole, 1

A couple of years ago, I worked through a Nolo Press excerpt on the Bayh-Dole Act, showing how dreadfully wrong it is. That bit is still up at the Nolo Press site, and still dreadful as ever. I came back … Continue reading

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Penn State’s Protection Racket, 25: Precarious Position on IP

[I have made a few edits for style and clarity, and one update of a citation based on NIST’s renumbering.] Had enough of Penn State? I sure have, but we are not done. Penn State is not an outlier in … Continue reading

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Penn State’s Protection Racket, 12: Policy and Contract

Policy in a university distributes authority, identifies purposes, and establishes procedures. Policy, for instance, establishes the conditions for faculty appointments. But the actual appointment of a given faculty member requires an act by an administrator on behalf of the university. … Continue reading

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Bayh-Dole Bombast in Penn State’s 2001 Report on Technology Transfer

In 2001, Eva Pell, Penn State’s Vice President for Research prepared a report for the Trustees on “technology transfer.” In the discussion about why universities should be involved in technology transfer, Pell includes the following account of Bayh-Dole: Until 1980, … Continue reading

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Patent Exploitation Alternatives

A patent allows a patent owner to exclude others from practicing the invention claimed by the patent–including any of its variants. A patent owner thus has a limited monopoly on the practice of the invention–making the invention, using the invention, … Continue reading

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Key Concept 5: Public Covenant (Addendum)

The Need for a Public Covenant A public covenant attached to a patent property right reflects a determination that the federal patent system, on its own, is not adequate to a given governmental or private purpose. We might say, a … Continue reading

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