Category Archives: Bayh-Dole

There never was a promise to assign

Posted on August 25, 2016 by Gerald Barnett

When Stanford in its litigation against Roche appealed to the U.S. Supreme Court, it included in its petition for certiorari a declaration by Luis Mejia, the licensing manager responsible for filing the patents and offering an exclusive license to Roche. … Continue reading →

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Faux Bayh-Dole and Stanford v Roche

Posted on August 24, 2016 by Gerald Barnett

I have been tracing the history of two versions of Bayh-Dole. One version is based in the law as written and reflected in the implementing regulations and the standard patent rights clause. The second version shows up immediately after the … Continue reading →

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University of California’s Office of the President self-servingly misrepresents Bayh-Dole

Posted on August 21, 2016 by Gerald Barnett

[TL;DR UC gets Bayh-Dole wrong, ignores the Stanford v Roche decision, makes it appear that UC has a right to take title to inventions, when it doesn’t. UC denies inventors their rights to invention under the color of law, a … Continue reading →

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Seven Ways Universities Commonly Fail to Comply with Bayh-Dole

Posted on August 17, 2016 by Gerald Barnett

University patent administrators and patent policies make a fetish out of compliance with Bayh-Dole. What’s funny is how this fetish is about selective compliance–compliance that advances the power and freedom from accountability for administrators, at the expense of faculty and … Continue reading →

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Wisconsin continues to defy the US Supreme Court, five years on

Posted on August 15, 2016 by Gerald Barnett

Here is an excerpt from the University of Wisconsin’s current patent policy regarding the Bayh-Dole Act, under the heading “Federal Agreements”: In order to expand public use of inventions and in recognition of the need for establishing government-wide policies for the … Continue reading →

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Florida State’s garbled mess of patent guidance

Posted on August 11, 2016 by Gerald Barnett

[Updated with new accounts of garbledness and bad juju. This policy just keeps giving.] Florida State University’s “Office of Commercialization” starts a guidance web site off with an enumeration of points about intellectual property. Here’s the first point: Employee Guideline: … Continue reading →

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Stanford v Roche was not about how to make Bayh-Dole into a vesting statute

Posted on August 1, 2016 by Gerald Barnett

The Stanford v Roche decision was not at all about the proper technical steps to make Bayh-Dole into a vesting statute. Even the Court’s minority opinion–what the lawyer-krakkens fixated on–was a musing on whether there should be any difference in the equitable ownership of an … Continue reading →

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Comply with commitments under federal regulations

Posted on July 30, 2016 by Gerald Barnett

Restoring voluntary assignment for university inventors is the first step in reconditioning university invention management–and putting that management on a road of development consistent with university mores and roles. Voluntary assignment can be accomplished a number of ways. I will … Continue reading →

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The NSF recommends bureaukleptic compliance

Posted on July 29, 2016 by Gerald Barnett

Here’s interesting guidance in a footnote to the current NSF statement of terms and conditions for grants to universities: Footnote 2 offers a “reminder” that universities should adopt a present assignment in “employee assignment agreements.” The idea is that somehow … Continue reading →

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New Mis-Guidance on Bayh-Dole for Universities

Posted on July 28, 2016 by Gerald Barnett

There’s a very nice guide on the internet to managing federal grants, “A Guide to Managing Federal Grants for Colleges and Universities [now behind a paywall, apparently].” The Guide is published by Atlantic Information Services and looks like it was published … Continue reading →

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