Category Archives: Bayh-Dole

The Legal Context of University IP, Part 1 Revisited

In 2010, the National Academies and the National Research Council published a commissioned a report–The Legal Context of University Intellectual Property and Technology Transfer by Sean O’Connor, Gregory D. Graff, and David E. Winickoff. The report lists 45 findings and expands … Continue reading

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More problems with the wild success of Bayh-Dole

There are plenty of jewels in Gene Quinn’s recent opinion piece. Perhaps the readers at IP Watchdog are all true believers in Bayh-Dole, so Mr. Quinn does not feel much need to work hard at what he writes. Here at Research … Continue reading

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F-B-D.

Gene Quinn’s opinion piece got me thinking some more about how Bayh-Dole really must go. I agree with Quinn’s analysis of some critics of Bayh-Dole. The criticisms Mr. Quinn criticizes are indeed silly. There are much more damning weaknesses in … Continue reading

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Bayh-Dole is a dismal failure. Here’s why.

At IP Watchdog, Gene Quinn has published an opinion piece on the virtues of the Bayh-Dole Act–“Patent policy is just too important for subterfuge and academic folly.” The impression he leaves is that anyone critical of Bayh-Dole is irrational, teaching … Continue reading

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Complexity that serves the intermediaries

In a recent article in Vanity Fair, Michael Lewis discusses the premise behind Flash Boys. Lewis argues that the stock market had become “complicated beyond belief.” Flash Boys chronicles the efforts of a group of traders to figure out what … Continue reading

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The Cork in the Keg: Open Source Software Complies with Bayh-Dole But University Invention Practice Often Does Not

Over on Daniel S. Katz’s blog there’s a discussion of university policies and open source software. The issue of Bayh-Dole came up, and I provided a comment there. I’m reposting here, with links and a few typos and awkwardnesses fixed. The … Continue reading

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Nolo Can’t Get Either Bayh-Dole or Stanford v Roche Right

I have always liked Nolo Press publications. They are usually well written, easy to read, and affordable. But here’s a bit from Nolo’s “Legal Encyclopedia” doing a number on Bayh-Dole–and this is after Stanford v Roche, because they manage to … Continue reading

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Be True to the Mission, Not to the Apparatus

Col. John Boyd was, at one time, America’s best fighter pilot. He could out-maneuver any pilot flying, he could teach pilots to fly, and after earning an engineering degree from Georgia Tech, knew more about the dynamics of jet fighters … Continue reading

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How we got here, in twelve chapters, 5

5. Further Implications of the Faux Bayh-Dole Act The rise of the faux Bayh-Dole Act led university administrators with low status suddenly to see a way to acquire substantial power, using a claim that federal law gave them a mandate to take … Continue reading

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How we got here in twelve chapters, 4

[I really do have the outline for the other 8 chapters! I just need to get back to pulling the explanatory text together] 4. Bayh-Dole the Killer The Bayh-Dole Act is passed in 1980 on the premise that doing so … Continue reading

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