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Category Archives: Bayh-Dole
The IPA and Wisconsin’s 1969 Patent Policy, 12
This series starts here: The IPA and Wisconsin’s 1969 Patent Policy, 1 How history informs the present Why spend all this time on a lost university policy from 1969 in response to a canceled IPA program? After all, we have … Continue reading
The IPA and Wisconsin’s 1969 Patent Policy, 11
The article starts way back at 1: The IPA and Wisconsin’s 1969 Patent Policy, 1 Capitalism and commons The dichotomy between capitalism and commons is even evident in the history of WARF. Here’s a footnote from Cronon and Jenkins on … Continue reading
Fair pricing and the Army’s Zika vaccine
Summary: The Army does not need to require fair pricing in general as a condition of an exclusive patent license with Sanofi for its Zika vaccine inventions. To achieve fair pricing, the Army must intend to exercise its government license to practice … Continue reading
Posted in Agreements, Bayh-Dole, Sponsored Research
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The IPA and Wisconsin’s 1969 Patent Policy, 9
The beginning: The IPA and Wisconsin’s 1969 Patent Policy, 1 Research deliverables Bayh-Bole, as it turns out, will be a statute that limits the scope of patent property rights in federally supported inventions, but in such an obtuse way that … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research
Tagged Bayh-Dole, Bobblespace, Harvard, patent policy, research, WARF, whole hog
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The IPA and Wisconsin’s 1969 Patent Policy, 8
The start of this article is here: The IPA and Wisconsin’s 1969 Patent Policy, 1 More WARF Antitrust: 5-FU WARF encountered multiple antitrust problems. Consider this account from Cronon and Jenkins: This is pre-Bayh-Dole, of course, but also pre-revived IPA, and … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research
Tagged 5-fluorouracil, 5-FU, antitrust, Bayh-Dole, IPA, WARF
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Bayh-Dole’s Fair Licensing Requirements
Hahahaha! There aren’t any fair licensing requirements in Bayh-Dole. Let’s go looking. Bayh-Dole does a number of things: (1) Bayh-Dole defines a new category of patentable invention, called a “subject invention” and establishes in federal patent law a policy statement … Continue reading
Posted in Bayh-Dole
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The IPA and Wisconsin’s 1969 Patent Policy, 7
The start of this article is here: The IPA and Wisconsin’s 1969 Patent Policy, 1 WARF’s Charter and Antitrust WARF’s charter was designed to prevent the University of Wisconsin from using its money for non-scientific research–social sciences, humanities, and the … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research
Tagged antitrust, march-in, patent, policy, public covenant, scientific research, Steenbock, vitamin D, WARF
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The IPA and Wisconsin’s 1969 Patent Policy, 6
The first installment of this article is here: The IPA and Wisconsin’s 1969 Patent Policy, 1 WARF’s Design In 1999, Edmund Cronon and John Jenkins included a chapter on the Wisconsin Alumni Research Foundation in their history of the University of … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research
Tagged Bayh-Dole, captive venture, Cottrell, Cronon, invisible hand, Jenkins, Research Corporation, WARF
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The IPA and Wisconsin’s 1969 Patent Policy, 5
Start here: The IPA and Wisconsin’s 1969 Patent Policy, 1 The new 1969 Wisconsin patent policy broadens the scope of the university’s interest in patents yet further: Here is the Wisconsin IPA definition of “subject invention”: Both elements are essential … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research
Tagged cleverly crafted scheme, institutional conflict of interest, IPA, ordinary skill in the art, patent policy, scope, subject invention, subvention, Wisconsin
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The IPA and Wisconsin’s 1969 Patent Policy, 4
This article starts here: The IPA and Wisconsin’s 1969 Patent Policy, 1 One might see how, if university administrators believe that they have become, for invention purposes, the federal sponsor of the research, that they could also come to believe … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research
Tagged Bayh-Dole, deliverables, institutional conflict of interest, IPA, Kennedy, patent agreement, patent policy, posi, presumption, WARF, Wisconsin
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