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Category Archives: Bayh-Dole
Bayh-Dole served up by the Catholic University of America’s general counsel
Here’s a bit from the office of general counsel at Catholic University of America. See how many things this statement of Bayh-Dole gets wrong in only four sentences. I’ll give you a few minutes. The Bayh-Dole Act of 1980 (Patent … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, Catholic University of America, Stanford v Roche
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Five Audit Issues for University Compliance with Bayh-Dole
While most discussions about Bayh-Dole compliance focus on the time periods for reporting inventions, filing patent applications, and giving notice of election to retain title, the compliance issues that matter are often overlooked. The top five involve ownership, money, and … Continue reading
Posted in Bayh-Dole, Policy
Tagged (f)(2), assignment, audit, Bayh-Dole, exclusive license, royalty income, subject invention
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Seven key documents frame university invention management
Seven documents frame university management of inventions: Cottrell, The Research Corporation, an Experiment in Public Administration of Patent Rights (1912) Bush, Science the Endless Frontier (1945) Palmer, Survey of University Patent Policies (multiple editions from 1948 to 1962) Kennedy, Statement of … Continue reading
Does Bayh-Dole Require Reasonable Pricing?
[Revised and extended for clarity] Short answer: no, but well, sort of, er, actually–yes! but not what you might expect. In 2005, Norman J. Latker, the key draftsman of both the Institutional Patent Agreement and Bayh-Dole published a critique, along with … Continue reading
The Effect of Bayh-Dole on University Therapeutics
Yesterday Kelly Sexton tweeted out the following claim: It would be great to think that the Bayh-Dole Act has resulted in a bunch of new therapeutics reaching the public. And perhaps that’s the case. And it might even be simpler … Continue reading
Posted in Bayh-Dole
Tagged AUTM, Bayh-Dole, IPA, therapeutics
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Attacking Bayh-Dole monopoly pricing
[Added a comment at the end.] PhRMA published recently a white paper arguing that Bayh-Dole’s march-in provisions should not be used to mitigate monopoly patent pricing. Here’s the basic argument from the executive summary. It’s a few sentences, but it … Continue reading
Posted in Agreements, Bayh-Dole
Tagged Bayh-Dole, monopoly, profits
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PhRMA loves Bayh-Dole but won’t out and say why
PhRMA, a pharmaceutical industry lobbying group, has published a white paper championing Bayh-Dole. What they are after is to prevent the Bayh-Dole march-in provisions from ever operating. To do this, they make a variety of assertions about Bayh-Dole that can’t … Continue reading
Demonstrate that Bayh-Dole isn’t a disaster
Okay, folks. Here’s your challenge. Demonstrate that Bayh-Dole isn’t a disaster and university patent licensing practice isn’t also a disaster. Here are some observations. Produce evidence to show they are wrong. 1. Commercialization under Bayh-Dole is 100x worse than under the private … Continue reading
Patents on ordinary inventions and subject inventions
We have discussed “of a contractor” in Bayh-Dole’s definition of “subject” inventions. But that’s not the only place in Bayh-Dole where we get restrictions that at first might look like mere repetition. Consider this passage from 35 USC 200, the … Continue reading
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Bayh-Dole’s management of title
There is no need for “of the contractor” in the definition of subject invention if a subject invention is just any invention made within the scope of a funding agreement. The US Supreme Court looked at the definition of subject … Continue reading