Category Archives: Bayh-Dole

Bazooka or Squirt Gun?: Working through 35 USC 200

Posted on October 29, 2016 by Gerald Barnett

Bayh-Dole gets at monopoly pricing through patent law, not licensing restrictions. Bayh-Dole is a part of federal patent law, not federal procurement regulations. This was a big change from the prior practice, including the Institutional Patent Agreement program. Unlike the … Continue reading →

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Bayh-Dole, the love monster of patent attorneys and speculators

Posted on October 26, 2016 by Gerald Barnett

Joe Allen has written a new piece warning of the dangers of trying to use Bayh-Dole march-in procedures to control drug prices. And he has a point–the Bayh-Dole march-in procedures were not designed to deal with pricing. In fact, the … Continue reading →

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Bayh-Dole and the Keys to the Gates of Heaven, Part 2

Posted on October 26, 2016 by Gerald Barnett

There are plenty of people who have not adopted the usual narrative regarding Bayh-Dole. They may not have heard of Bayh-Dole, and they might not know much about university research, other than that there sure seems to be a lot … Continue reading →

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Bayh-Dole and the Keys to the Gates of Heaven, Part 1

Posted on October 25, 2016 by Gerald Barnett

Overcoming a usual narrative is takes tremendous work. There are many arguments against doing so: the received view is true; working against best practices can create liability or distrust; challenging the status quo can hurt one’s career; refusing to accept the … Continue reading →

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Behind the Usual Narrative, Part V

Posted on October 24, 2016 by Gerald Barnett

Universities Help to Make the Problem Universities created the federal contracting mess for basic research by insisting that the federal government not concentrate contracting authority in a single agency set up specifically for providing grants under the most liberal patent … Continue reading →

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Ordinary and subject patent monopolies

Posted on October 23, 2016 by Gerald Barnett

Here’s a diagram that might help discussions of patent rights made with federal funding. A general monopoly A operates without any constraints of law, and in particular without regard for anti-trust law. Thus, such a monopolist may exercise ranging power, … Continue reading →

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Sticking a pin in Bayh-Dole

Posted on October 22, 2016 by Gerald Barnett

Over at The Hill, James Edwards has an op/ed piece, “Don’t sacrifice patents for politics,” that worries changes to Bayh-Dole march-in procedures. Almost everything about the piece is predicated on the “usual narrative”–which is almost but not entirely false. Let’s have a … Continue reading →

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Behind the Usual Narrative, Part IV

Posted on October 21, 2016 by Gerald Barnett

The HEW IPA Program These distinctions become important as the NIH, led by Norman Latker, pushed in 1978 for the adoption of a template IPA agreement on a federal government-wide basis by the Government Services Administration. This effort was rebuffed by … Continue reading →

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Behind the Usual Narrative, Part I

Posted on October 14, 2016 by Gerald Barnett

The Bayh-Dole Act comes about as a response to a series of situations that develop after the federal government takes an interest in supporting basic research conducted at universities. Much goes on. The usual narrative on universities and patent rights … Continue reading →

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Behind the Usual Narrative

Posted on October 13, 2016 by Gerald Barnett

Starting tomorrow, Research Enterprise will feature a series of five articles looking at how the narrative formed that now dominates Bayh-Dole Act discussions. We start with Vannevar Bush’s effort to create a federal agency focused on frontier scientific research and creating an environment … Continue reading →

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