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Category Archives: Bayh-Dole
Getting at the truth about Bayh-Dole’s impact, Part 5
Now we get to the crunch of Catherine Kirby’s blog article–published at a Rice University web site for entrepreneurship–with the section “Did the Bill Work?” Since the passage of the Bayh-Dole Act, more than 5,000 new companies have formed from federally … Continue reading
Getting at the truth about Bayh-Dole’s impact, Part 4
We are looking in on a student blog post at the Rice University McNair Center for Entrepreneurship and Innovation. The article is useful for reciting in the wild a number of arguments that claim Bayh-Dole has had a positive impact. … Continue reading
Getting at the truth of Bayh-Dole’s impact, Part 3
We are working through a student account of Bayh-Dole posted at a Rice University entrepreneurship center. The post is helpful in repeating commonly accepted claims about Bayh-Dole. Our interest is not so much in arguing the limitations of the post … Continue reading
Getting at the truth about Bayh-Dole’s impact, Part 2
We are working through the opening paragraph of a student’s account of the Bayh-Dole Act. The account creates the opportunity for a discussion about the impact of Bayh-Dole and the strange spin that has become widely accepted about what Bayh-Dole has … Continue reading
Use the government license in Bayh-Dole
According to news reports (here’s where I first read about it–follow the link there to the article in the Baltimore Sun), the state of Maryland is attempting to deal with high drug prices through legislation that gives the state the right … Continue reading
Posted in Bayh-Dole, Freedom, Policy
Tagged Bayh-Dole, government license, march-in, practice and have practiced, Xtandi
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Getting at the truth about Bayh-Dole’s impact, Part 1
Last December Catherine Kirby, a student at Rice University, posted “The True Impact of the Bayh-Dole Act” at the McNair Institute for Entrepreneurship and Innovation. Her article got called out in a tweet by Daniel Garisto as an instance of … Continue reading
SPRCing of Bayh-Dole, Expanded
I added an additional section to an article I wrote in 2010. It drives at the mistaken claim that Bayh-Dole endorses the idea that nonprofit institutions should own the inventive work of faculty supported by federal funds. There is nothing … Continue reading
Posted in Bayh-Dole
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Bayh-Dole Secrecy, Part 10
The 1984 change to Bayh-Dole conflates information that must be disclosed by federal agencies under FOIA with information that federal agencies must exclude from FOIA disclosure. This conflation itself violates FOIA. Bayh-Dole does not declare as a matter of law … Continue reading
Posted in Bayh-Dole
Tagged (b)(4), Bayh-Dole, Crow, FOIA, impulsive form, public covenant, puffy preambles, scam
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Posi are not ordinary patents
Here’s a passage from Thomas Kasëberg’s Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US: In this passage Kasëberg lays out the standard argument that there is no working requirement in US patent law. As the Supreme Court … Continue reading
Bayh-Dole Secrecy, Part 9
The Bayh-Dole secrecy provisions ensure that there will not be public accountability that might challenge the illusion and the practices that take place behind its appearances. Thus, there is no use data for federally supported inventions. There is no licensing … Continue reading
Posted in Bayh-Dole
Tagged 35 USC 202(c)(5), Bayh-Dole, FOIA, secrecy
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