Category Archives: Bayh-Dole

An Open Letter to the New York Times

For some reason, the New York Times response form is down.  So I thought I’d post this letter here while I wait for the response form to come back on line. Mr. Pérez-peña: On November 21 the New York Times … Continue reading

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Simple Bayh-Dole

Introduction The Bayh-Dole Act is a complex piece of work, with a tangle of requirements and implementing regulations, with plenty of opportunity for misunderstandings and exploitation.  In other places, I have worked to show in detail how the Bayh-Dole Act … Continue reading

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"Effectuating" a change in university policy statements about Bayh-Dole

Here’s a passage from Rutgers’ patent policy: D. Reservation of Rights in Sponsored Research. Ownership of patents arising from work sponsored by Federal agencies shall be subject to the provisions of Public Law 96-517, the Bayh-Dole Act as amended, other … Continue reading

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Unpacking the Code of Silence

Inside Higher Education has run a story on the AAUP Freedom to Innovate initiative, quoting a number of people who think it’s a good idea.  And it is!  But there is one person who thinks compulsory university ownership of faculty … Continue reading

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Worthless Patents

In my internet travels, I came across a useful article by Kimberly A. Moore titled “Worthless Patents.” At the time she wrote the article, she was a law professor at George Mason. Presently she is a judge with the Court … Continue reading

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Not Again!

In The Hitchhiker’s Guide to the Galaxy, at one strange point a whale and a bowl of petunias come into existence and have only a few moments to come to grips with their situation. In about five minutes, a connection … Continue reading

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Proposed section 285(b) points out a weakness in the death star

Chris Gallagher has been working tirelessly to make universities aware of proposed rule-making and legislation that might adversely affect their efforts to transfer technology for private development.  He points to a discussion draft in the House Judiciary Committee that proposes … Continue reading

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Five Things to Save Bayh-Dole, Encourage Innovation, and Revive Tech Transfer Credibility

The Bayh-Dole Act has gone from being a golden goose to a weapon of mass destruction. The basic idea, to make more federally supported inventions available for management through university-affiliated agents, is fine.  More to the point:  as the federal … Continue reading

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University Patent Policies, Past and Present, Part II

The first part of this essay showed some of the diversity of mid-century university patent policies. There were a number of approaches, from discouraging patenting to embracing it, from university direct control to the use of external agents. Almost all … Continue reading

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I wish I had a neurolyzer.

There is a continuing effort to misconstrue the Supreme Court decision in Stanford v Roche.  Here is an excerpt from a newspaper article on the reasons why the University of Utah changed their policy to make even more claims to … Continue reading

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