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Category Archives: Bayh-Dole
Negotiating a share of royalties under Bayh-Dole
[See the afterthought for something shorter and blunt and just as useless.] In his amicus brief to the Supreme Court in the Stanford v Roche case, former Senator Birch Bayh made an odd claim–that inventors had the right to negotiate … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, elect to retain title, royalties
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University IP Bustle and Evidence for Bayh-Dole’s Performance
There are any number of assertions that the Bayh-Dole Act has been wildly successful. Even many critics of Bayh-Dole start from the position that Bayh-Dole is successful, and then carp about bits of collateral damage and beg for crumbs and … Continue reading
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Exclusive licenses, assignments, and ticks, Part 4
Per Bayh-Dole, universities should not create “gray” areas in which nonprofits allow exclusive licensees the rights that only an assignee should have. If universities do so, they are required at the same time to transfer to those exclusive licensees/assignees the … Continue reading
Posted in Agreements, Bayh-Dole, Bozonet
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Exclusive licenses, assignments, and ticks, Part 3
We may now come back around to our primary interest–does the WU Exclusive License template agreement assign patent rights? The answer appears to be yes, it does. It grants exclusive rights to make, use, and sell, leaving only vestigial rights … Continue reading
Posted in Agreements, Bayh-Dole
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Exclusive licenses, assignments, and ticks, Part 2
We aren’t done. There is another issue to deal with, that of “prudential standing”–which has to do with the standing to bring an action in federal court, such as for patent infringement. There are cases that find that a license has … Continue reading
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Exclusive licenses, assignments, and ticks, Part 1
Washington University (in St. Louis) uses a template exclusive license agreement that makes the typical extension to assignment–it grants exclusive rights in making, using, and selling, adds the right to sublicense, and gives the licensee first crack at enforcing the … Continue reading
Posted in Agreements, Bayh-Dole
Tagged assignment, exclusive license
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How a Moloch state defends its own
A while ago, I was going around with someone about a technical bit in Bayh-Dole. She thought my position was “baloney” because her lawyers had said it was. The language in the law, though, doesn’t support her position, nor do … Continue reading
Posted in Bayh-Dole, Bozonet, Policy, Social Science
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A Bayh-Dole FAQ with One Question Only and Multiple Answers
Q. Has Bayh-Dole been successful? A. Yes! It’s the legacy of important people. How can anyone call it a disaster? To do so is to smirch the reputations of decent people who have done a heroic thing with the best … Continue reading
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Bayh-Dole reduced to its basics [warning: none of this ever happens]
Bayh-Dole stripped of contingencies, for universities, reduces to this: Use the patent system to promote the practical application of inventions. A federal agency is an agency, department, corporation, or other entity of the federal government. A contractor is any party … Continue reading
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What happens if a contractor fails to report a subject invention?
James Love and Knowledge Ecology International have made a request to the Office of the Inspector General at Health & Human Services to examine whether Cold Spring Harbor Laboratory and Isis Pharmaceuticals failed to disclose two inventions as required by … Continue reading
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