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Category Archives: Bayh-Dole
Going to Eleven on NIST and (f)(2)
NIST is drafting new rules for the standard patent rights clause authorized by Bayh-Dole. Included in the proposed new provisions is a requirement that contractors require the assignment of inventions to the contractor. This is a bad idea. Besides, it’s … Continue reading
Posted in Bayh-Dole, Bozonet, Policy, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, NIST, Stanford v Roche, vesting statute
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Bayh-Dole’s restrictions on Pigpen use of licensing income, V
Exclusive licensing creates its own complexities, just like the Peanuts character Pigpen brings his own dust storm with him wherever he goes. If inventions are “dedicated” to the public or are licensed non-discriminatorily on standard terms, there’s not so much … Continue reading
Bayh-Dole’s restrictions on Pigpen use of licensing income, IV
We may posit that for any “concept” that we can pull out of the air, there’s an implied “cost” to make that concept into a “commercial product.” We could imagine a walking cat-bus, say. We could work out the robotics, … Continue reading
Bayh-Dole’s restrictions on Pigpen use of licensing income, II
We should pause here. Sugarman and Mencino’s argument rests on the idea that a certain method of patent management leads to a finding that licensing income is related to a university’s exempt purposes: use with greatest possible public benefit widest … Continue reading
Bayh-Dole’s restrictions on Pigpen use of licensing income, I
Here’s a part of Bayh-Dole that’s odd. It is a requirement for a provision in the standard patent rights clause specific to nonprofits, 35 USC 202(c)(7)(C): (7) In the case of a nonprofit organization … (C) … a requirement that the balance of … Continue reading
Bayh-Dole’s transfer of public policy judgment, 2
Early on, federal research support was debated in terms of a dichotomy between procurement and subvention. As a procurement agent, the government purchased research services and the things that those services created. The government paid contractors to do work and … Continue reading
Posted in Bayh-Dole, Commons, History, Policy, Sponsored Research
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Bayh-Dole’s transfer of public policy judgment
On July 18, 1978, Senator Gaylord Nelson of Wisconsin sent a letter to the director of the Office of Federal Procurement Policy recommending an indefinite stay in extending government-wide the Institutional Patent Agreement program. In the letter, Senator Nelson makes … Continue reading
Initial inventors, cumulative development, and the public covenant in federally supported inventions, 2
We are using Steven Anderman’s article “Overplaying the innovation card: The stronger intellectual property rights and competition law” to work through ideas about invention and follow-on development in the context of federal funding for university research and the effect of the Bayh-Dole … Continue reading
Posted in Bayh-Dole, Innovation
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Initial inventors, cumulative development, and the public covenant in federally supported inventions, 1
In “Overplaying the innovation card: The stronger intellectual property rights and competition law,” Steven Anderman makes a distinction between “initial inventor rights” and the rights of “cumulative” innovation. Anderman argues that intellectual property laws must balance these two sets of … Continue reading
Posted in Bayh-Dole
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Parsing Federal Security Agency Order 110-1 (1952)
There once was an active debate around whether the federal government should support research just to support research. Vannevar Bush’s Science the Endless Frontier formed part of this debate, and did a great deal to seal the case for government … Continue reading