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Category Archives: Bayh-Dole
Academic freedom, autonomy, and patrons
Paul Feyerabend, in the next to last essay of Farewell To Reason, responds to some of his critics, who state that they “believe in the autonomy of art, thought, and feeling over money.” Feyerabend is characteristically incisive in his reply. … Continue reading
Was Bayh-Dole based on a misconception?
In an article published in 2013, Sean O’Connor argues that Bayh-Dole is the descendant of what he calls “the Biddle Report,” produced in 1947 by Assistant Attorney General John F. Sonnett (with final editing done by David Lloyd Kreeger) in … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research, Stanford v Roche
Tagged Biddle, government contract, invention, patent, university policy
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NASA Turns Bayh-Dole Into a Vesting Statute
The US Supreme Court in Stanford v Roche ruled that Bayh-Dole was not a “vesting statute”–the law did not place ownership of patentable inventions made with federal support with the universities that hosted the research: Stanford contends that reading the … Continue reading
Posted in Bayh-Dole, Policy, Present Assignment, Stanford v Roche
Tagged Bayh-Dole, FAR, NASA, Stanford v Roche, subject invention
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The path from Bayh-Dole to inventors
Bayh-Dole is a law of federal contracting for inventions. Let’s work through it, again. 1) Bayh-Dole applies to federal agencies, not to universities. When university administrators say that “Bayh-Dole requires universities to commercialize inventions made with federal funding,” they are twice wrong. First, … Continue reading
Posted in Agreements, Bayh-Dole
Tagged (f)(2), 2 CFR 200, Bayh-Dole, flow down, standard patent rights clause
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Look, It's a Thrush!
One of the biggest problems in dealing with university technology transfer is the propensity for people to reason from the names given to things, rather than what the things are. In biology, a truism is that one cannot reason from … Continue reading
Posted in Bad Science, Bayh-Dole, Freedom, Policy
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The University of Michigan’s Mess of a Present Assignment, Part I
In reviewing university IP policies, I came upon the following Form HR36100 at the University of Michigan titled “Supplemental Appointment Information.” After a section in which the appointee provides name and social security number, we have this: It is apparent that university … Continue reading
Posted in Agreements, Bayh-Dole, Policy, Present Assignment
Tagged hereby assign, invention, patent policy, University of Michigan
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Do what you have promised to do: Further consequences of (f)(2)
[Updated with a discussion of NIST’s May 2018 rule change] The (f)(2) requirement in the standard patent rights clause authorized by the Bayh-Dole Act is a requirement for the host university to delegate, to flow down, to subcontract a portion … Continue reading
Posted in Bayh-Dole, Innovation, Policy
Tagged (f)(2), Bayh-Dole, disclosure, totalitarian, written agreement
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The First Principle of Bayh-Dole
Here is the First Principle of Bayh-Dole: A federal agency may not require the assignment to the federal government of an invention made with federal support at a nonprofit or small business if an inventor or the inventor’s assignee reports … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, invention, Stanford v Roche
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Bayh-Dole Flow Down
Every so often I make an effort to show graphically how Bayh-Dole operates. The Bayh-Dole Act authorizes (arrow 1) the Department of Commerce to create regulations governing the disposition of patentable inventions made in the performance of work supported by … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, flow, patent rights clause, subject invention
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Florida Atlantic’s patent policy misrepresents Bayh-Dole four ways in just one sentence
I have been working on some ideas regarding scope, but each time I go to university patent policies to illustrate the issues, I find totally crazy stuff. Here’s a bit from the “General Comments” section of Florida Atlantic University’s patent policy [the … Continue reading
Posted in Bayh-Dole, Policy, Stanford v Roche
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