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Category Archives: Bayh-Dole
Exclusive licensing in Bayh-Dole, Part 2: The Lost Requirements
Part 1 of this two-part series discussed the difference between exclusive license and assignment, and why Bayh-Dole’s wording on the one remaining restriction on exclusive licensing was worded as it was–“exclusive right to use or sell.” Let’s look at how … Continue reading
Evidence-based federal research patent policy
The Commission on Evidence-Based Policymaking is holding a public hearing in Chicago in January for “any interested stakeholders” to provide input. Given that the commission’s statutory mandate is more toward database access and security, I’m not sure that the lack … Continue reading
Exclusive licensing in Bayh-Dole, Part 1: Licenses and Assignments
Here is what Bayh-Dole says about exclusive licenses: Notwithstanding any other provision of this chapter, no small business firm or nonprofit organization which receives title to any subject invention and no assignee of any such small business firm or nonprofit … Continue reading
Posted in Agreements, Bayh-Dole, IP
Tagged 35 USC 204, assignee, Bayh-Dole, do WTF law, exclusive license
2 Comments
Turning (f)(2) into an assignment clause violates Bayh-Dole
When I first looked through the proposed revisions to Bayh-Dole’s implementing regulations, it appeared that they applied to inventions made by federal employees and extended implementing regulations to include large businesses, consistent with a presidential executive order that does the … Continue reading
LES undermines Bayh-Dole for Congressional staffers
Brian P. O’Shaughnessy, the president of LES, has a little puff piece out purporting to defend Bayh-Dole–“Why Bayh-Dole?” In the piece, O’Shaughnessy sets up a straw man argument about open innovation and anti-patent advocacy and then strings together more logical fallacies … Continue reading
Would lowering drug prices really reduce research on cures and remedies?
Vox recently published an article on the high price of drugs, “The true story of America’s sky-high prescription drug prices.” Here are three sentences that make a claim worth considering: What’s harder to see is that if we did lower drug … Continue reading
Posted in Bayh-Dole, Social Science
Tagged Bayh-Dole, casino economics, drug research, investment, trade-off
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An Outline of Bayh-Dole for Universities (with comments)
Here is a simple outline of Bayh-Dole for universities. I’ve cut out a bunch of technical apparatus and highlighted particulars that walk back or alter things in odd ways. Bayh-Dole is part of federal patent law. 35 USC 200 Statement … Continue reading
The Dole/Bayh Bill and Commercialization Rates
In 1983 Senator Bob Dole wrote a letter to Senator Charles Mathias, Jr. regarding a bill Sen. Dole intended to introduce to extend the “Dole/Bayh bill” (as Sen. Dole called it) to large businesses. I rather like the construction Dole/Bayh. Perhaps we … Continue reading
Establishment–Why Bayh-Dole Has Failed
The primary thrust of Bayh-Dole, its big public splash, is that the patent system will be used to promote the use of inventions made with federal support, so there’s public benefit on reasonable terms. 35 USC 200 It is the … Continue reading
Posted in Bayh-Dole
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Working through an old op/ed on university ownership of inventions
I was out browsing the web and came across an op/ed from 2011 published in the Baylor University magazine Lariat. The anonymous author was opining about the Stanford v Roche case and the title makes clear the position: “Patents should … Continue reading
Posted in Bayh-Dole, Bozonet, Stanford v Roche
Tagged bullshit, invention, patent, professor, royalties, Stanford v Roche
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