Category Archives: Bayh-Dole

Royalty sharing as federally mandated divisiveness

Posted on November 8, 2016 by Gerald Barnett

Here’s a sliver of divisiveness in Bayh-Dole (35 USC 202(c)(7)). In the case of a nonprofit organization, …. (B) a requirement that the contractor share royalties with the inventor On the face of it, this seems to be a happy requirement. … Continue reading →

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Bayh-Dole, federal welfare for patent bureaucrats

Posted on November 7, 2016 by Gerald Barnett

There is a vast public literature–academic, legal, and popular–that claims Bayh-Dole is a wild success. That literature claims that compliance with Bayh-Dole requires commercialization, and that it is by commercialization that public benefit from federal research comes about. That argument reduces … Continue reading →

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Poppy fields forever

Posted on November 4, 2016 by Gerald Barnett

The great challenge with a received view is to see the world afresh, without the habitual cognitive anchors–to move free of the anchors–the assumptions, the chosen dichotomies, the methods of classifying, the rationales, the take on historical context–to work out what we should … Continue reading →

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What we have lost

Posted on November 2, 2016 by Gerald Barnett

Before their efforts turned to Bayh-Dole, the folks advocating invention mining at universities aimed to make the IPA a standard across all government agencies. Yes, “uniform” policy was what they argued for, but that was the politics. What they wanted … Continue reading →

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Nanopore subject invention patent battles

Posted on November 1, 2016 by Gerald Barnett

Illumina is suing Oxford Nanopore over nanopore technology for DNA sequencing. Here’s what is interesting. Illumina licensed patents from the University of Washington and University of Alabama (joint owners). The underlying inventions were made with federal support. Oxford Nanopore licensed … Continue reading →

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3 Ways to Get at Bayh-Dole Abuses

Posted on October 31, 2016 by Gerald Barnett

Here are three approaches to get at abuse of Bayh-Dole by patent brokers. 1. Invoke the non-use march-in condition. 35 USC 203(a)(1) Demand federal march-in for nonuse (35 USC 203(a)(1)) for all subject inventions claimed by universities that do not meet … Continue reading →

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Don’t think it will be easy to get at Bayh-Dole

Posted on October 31, 2016 by Gerald Barnett

Bayh-Dole was designed to create private patent monopolies for the pharmaceutical industry that operate without public oversight or accountability. Almost everything about Bayh-Dole is a corruption of prior federal and university practice. Sure, it is possible that university administrators might stand up and … Continue reading →

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To fix Bayh-Dole on reasonable pricing, why not start by enforcing the law?

Posted on October 31, 2016 by Gerald Barnett

I spent some time working through whether Bayh-Dole requires reasonable pricing. The simple answer is “No.” Of course, the simple answer isn’t very helpful, or accurate. Bayh-Dole does not require reasonable pricing by design of those drafting the bill. The … Continue reading →

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The FDA really did approve federally supported drugs before Bayh-Dole

Posted on October 30, 2016 by Gerald Barnett

Joe Allen, the political coordinator behind the Bayh-Dole Act, is seen by some as an expert on the law, because, well, he helped assemble the sausage. Me, I have become something of an expert on Bayh-Dole because I have had … Continue reading →

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Use Bayh-Dole 35 USC 202(a)(ii) to deal with (future) drug prices

Posted on October 29, 2016 by Gerald Barnett

The Washington Monthly has a new article out by Alicia Mundy on high drug prices and Bayh-Dole. Mundy reports on efforts to use march-in procedures under Bayh-Dole to force lower the price of drugs that were developed with federal support. There’s substance … Continue reading →

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