Category Archives: Bayh-Dole

Has Bayh-Dole Been Successful?

I answered a Quora question a while back. I thought I’d repost it here. The question was: Has the Bayh-Dole act been successful? Just over 30 years old, the Bayh-Dole Act has set the path for most research universities and … Continue reading

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Georgia on my mind

At the University of Georgia, the Office of the Vice President for Research has a bizarre reading of the Bayh-Dole Act: The Bayh-Dole Act, passed in 1980, makes it possible for the federal government to assign its patent rights to … Continue reading

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Common bits of faux Bayh-Dole bullshit

Faux Bayh-Dole has been de facto federal research innovation policy now for thirty-five years. The real Bayh-Dole is sketchy enough, but the faux version is downright vile. Here are some “truths” of faux Bayh-Dole that are, in reality, simply not true. We … Continue reading

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Would an Apple and Broadcom v Caltech case deliver a second pounding to faux Bayh-Dole?

[Yes, you read the title correctly–Apple and Broadcom should be suing Caltech.] In Bayh-Dole, the public covenant that runs with patent rights in subject inventions is not as well developed as it was in the Institutional Patent Agreements. It is … Continue reading

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The Public Research Patent Covenant–Narrative Version

The Institutional Patent Agreement approach to patent rights arising from federally supported research carried with it what we may call a public covenant, a set of conditions that run with each patent on a subject invention that place limits on … Continue reading

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The IPA Public Covenant

[revised to add a discussion of Kennedy’s patent policy statement and distinguish it from COGR’s account of it; added an account of the various federal agency approaches to ownership of inventions] Advocates for Bayh-Dole practice odd forms of historical revisionism. … Continue reading

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Faux Bayh-Dole Central

The Association of University Technology Managers sponsored “Bayh-Dole Central,” (now the “Bayh-Dole History and Research Central”), a site hosted by the University of New Hampshire School of Law and devoted to the Bayh-Dole Act. There you can find all sorts … Continue reading

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They just can’t kill the beast

After the Supreme Court ruled in Stanford v Roche, Joe Allen and Howard Bremer wrote an article (“After Stanford v Roche: Bayh-Dole Still Stands“) in which they asserted that they had argued against the idea that Bayh-Dole vested with contractors … Continue reading

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Bayh-Dole, the franken-sausage god

The full title is: Bayh-Dole, the franken-sausage god that destroyed private initiative and the federal research commons, eliminated subvention from university research policy and failed to create a public covenant to use research inventions to develop new products and create new industries … Continue reading

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Senator Bayh’s inventor-loathing faux Bayh-Dole Act

There has been plenty written about the practice lesson taught by the Supreme Court decision in Stanford v Roche. I’m dismayed how much of it shows no evidence of an awareness of the facts of the case and the primary … Continue reading

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