Category Archives: Bayh-Dole

Nicotine Patches, 1

Posted on December 18, 2021 by Gerald Barnett

The Bayh-Dole Coalition recently posted on Twitter a claim that the development of the nicotine patch was a Bayh-Dole “success story”: Bayh-Dole Success Story! Did you know that the nicotine patch was developed at @UCLA and commercialized via Bayh-Dole? Check … Continue reading →

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Why the NIH fuss with Moderna over inventorship doesn’t matter, but does

Posted on November 9, 2021 by Gerald Barnett

The New York Times ran a story today that Moderna and the NIH are having a spat over inventorship on a patent application covering aspects of the Moderna mRNA vaccine. The N.I.H. had been in talks with Moderna for more … Continue reading →

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How they screwed over Senator Long and inventors after Bayh-Dole

Posted on October 7, 2021 by Gerald Barnett

The miracle of Bayh-Dole came about, so the story is told, because Senator Long, the arch-critic of Bayh-Dole (“the worst bill I’ve seen in my life”), suddenly flipped his position to give Senator Bayh a consolation gift for losing his … Continue reading →

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Bayh-Dole’s anti invention-flipping provision for nonprofits, or where’s that $250B?

Posted on October 1, 2021 by Gerald Barnett

Let’s look at Bayh-Dole’s anti-invention flipping protection of the public, aimed at nonprofits. Here’s the text, at 35 USC 202(c)(7)(A): In the case of a nonprofit organization, (A) a prohibition upon the assignment of rights to a subject invention in … Continue reading →

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The use of the patent system for federal research results, 13: The failed middle ground

Posted on September 29, 2021 by Gerald Barnett

We’ve looked at the early Federal Security Administration policy on inventions made in federally contracted work–FSA order 110-1, issued in 1952. The government’s policy as set forth in David Lloyd Kreeger’s report for the Attorney General in 1947 was that … Continue reading →

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The use of the patent system for federal research results, 12: Never again a Vannevar Bush

Posted on September 20, 2021 by Gerald Barnett

We have been working through FSA order 110-1, an early–pretty much the earliest–federal policy on inventions made in federally funded work. Why? The imp of this policy’s approach to inventions, rights, open access, and patent monopoly haunts subsequent policy discussions … Continue reading →

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Dr. Irene Till, Pharma Monopoly, and the Bayh-Dole Heist

Posted on September 1, 2021 by Gerald Barnett

In a recent Twitter post, Prof. Richard R. John at Columbia University (@RrjohnR) asks for suggestions for a bibliography of “scholarship on the history of anti-monopoly since 1945.” One respondent cites Elizabeth Popp Berman “Why Universities Patent” (well, Prof. Berman … Continue reading →

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What Bayh-Dole has stolen from us

Posted on August 30, 2021 by Gerald Barnett

In an article published August 29, 2021 in The Intercept, Alexander Zaitchik describes the passage of the Bayh-Dole Act as “The Great American Science Heist,” with the subtitle “How the Bayh-Dole Act Wrested Public Science From the People’s Hands.” He … Continue reading →

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The use of the patent system for federal research results, 11: Safeguards that don’t guard

Posted on August 18, 2021 by Gerald Barnett

We have been working through Federal Security Agency order 110-1, which in 1952 introduced an agency-wide policy for inventions made in public health research. The core of the policy was to prefer open access for all such inventions, but then … Continue reading →

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The use of the patent system for federal research results, 10: the drivers that eventually produce Bayh-Dole

Posted on August 13, 2021 by Gerald Barnett

There’s the version of the theory of patent rights that asserts that exclusionary practice is at the heart of the value of a patent, and any practice that declines to assert a patent wastes that value. This theory of exclusionary … Continue reading →

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