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Category Archives: Bayh-Dole
Ten Years After 25 Years After Bayh-Dole: Summary
For the next few days, Research Enterprise will run “Ten Years After 25 Years After Bayh-Dole,” a series of eight posts working through an article about Bayh-Dole from 2006 by Sara Boettiger and Alan Bennett. The authors argue for some … Continue reading
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After another parade
Back in 2010, Roop Singh and Sonali Tare published an article in the Journal of Emerging Knowledge on Emerging Markets, “India’s Emerging Technology Commercialization Policy: Lessons from the American Model.” It is not at all clear that the authors are … Continue reading
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After the parade
Sometimes I feel like my job is to come along after the parade and sweep up all the horse-manure left by AUTM folks. Crowds are gone, balloons all popped, marching bands safe back in their hotel rooms. University inventions locked … Continue reading
Posted in Bayh-Dole, History, Policy, Technology Transfer
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Bayh-Dole, a law designed to reduce invention use rates
Here’s a table from the Harbridge House report, c. 1968. I’ve marked on it to call attention to some figures. First, when a contractor has experience and owns an invention, the commercial use rate is over 20%. Universities, however, as … Continue reading
Bench scientists should read Lysistrata
Sometimes there’s someone else who cleans up after the parade. Back in 2010 and 2013, Anthony Nicholls, President and CEO of OpenEye Scientific, published some articles about the problems of academic research, the failure of government to fund basic science, … Continue reading
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Nothing more. Why (f)(2) isn’t an assignment requirement, and can’t be.
NIST proposes to “clarify” the (f)(2) clause of the standard patent rights clause authorized by Bayh-Dole to turn it into an assignment clause. This is wrong. I will explain. 1. Bayh-Dole does not require an assignment clause. Bayh-Dole gives no … Continue reading
Posted in Bayh-Dole, Stanford v Roche
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Bayh-Dole all but mandates Government practice of subject inventions
The Bayh-Dole Act requires contractors retaining ownership of subject inventions to grant a non-exclusive license to the government. Commonly–and very wrongly–this license is depicted as a requirement that commercial vendors sell product based on subject inventions to the government “royalty-free”–meaning … Continue reading
Posted in Bayh-Dole, History, Policy
Tagged Bayh-Dole, government license
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Federal patent policy for the 21st Century, Part 3
What’s funny (funny “strange” not funny “funny”) is that universities could implement the core of this version of the law themselves, right now, no politics necessary. Yes, there is still all the wasted paperwork to throw around under the current … Continue reading
Federal patent policy for the 21st Century, Part 2
In Part 1, I proposed a new law governing federal patent policy for public interest research conducted at universities–research to advance science and technology, or to address matters of public welfare. That new law carried with it public covenants that … Continue reading
Federal patent policy for the 21st Century, Part 1
How about a new Dole/Bayh Act? Of course, it will have different names attached to it. How about a law that tracks what Vannevar Bush recommended for scientific frontiers, nearly 75 years ago, in Science the Endless Frontier? One that puts inventors first. … Continue reading