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Category Archives: Bayh-Dole
The Alt Narrative that Refreshes
In Ash: A Secret History, we get a slant narrative of a history that is almost our received view, but not quite. The narrative takes place on lands we recognize, with place names that are almost the ones we expect, … Continue reading
Posted in Bad Science, Bayh-Dole, History, Policy, Technology Transfer
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University of Utah’s New Patent Policy, Part II
The University of Utah has updated its patent policy. We have been through it recently. I had such hopes that Utah would come to its senses and stop mending bad fences. Sadly, instead they head into the void, with a … Continue reading
Posted in Bayh-Dole, Bozonet, Policy, Stanford v Roche
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An Open Letter to Dr. Peter Salovey, President of Yale University
August 17, 2013 Dr. Peter Salovey President, Yale University Dear President Salovey, I am writing to ask you to review the situation with regard to late Professor John Fenn in light of new developments in the matter of federal laws … Continue reading
Five Law Cases for University IP Management
Here are some law cases involving intellectual property that faculty considering IP policies and scholarship should be aware of. I give a date for a primary decision (there are all sorts of proceedings for these cases), a brief summary, and … Continue reading
Sharing, accounting, audit, joint accounting, and joint sharing
The Bayh-Dole Act at 35 USC 202(c)(7) requires sharing of royalties earned on subject inventions with inventors. That sharing is part of the “expenses incidental to the administration of subject inventions”: (B) a requirement that the contractor share royalties with … Continue reading
Two Key Moves in IPA to Bayh-Dole
The short form on IPAs vs Bayh-Dole. Two big changes: 1. Bayh-Dole removes the requirement for university ownership The IPAs forced university ownership of inventions made by anyone working on a federally funded project–faculty, subcontractors, volunteers. Bayh-Dole and its CFR … Continue reading
IPA compared with BD and its CFR and SPRC
I have created a table that lays out some of the differences between the 1968 HEW Institutional Patent Agreement template and the Bayh-Dole Act, the implementing regulations at 37 CFR Part 401, and in particular the Standard Patent Rights Clause … Continue reading
I want my, I want my IPA–Part IV
Previous parts of this essay (I, II, and III) have taken up the structural shift of Bayh-Dole from the Institutional Patent Agreement, removing assignment to the university but also relaxing licensing oversight to the point of non-consequence. What is left … Continue reading
I want my, I want my IPA–Part III
Part III continues a discussion of the changes from the Institutional Patent Agreement to the Standard Patent Rights Clause authorized by Bayh-Dole. (Part I is here; Part II, here). The Bayh-Dole Act was passed like swiss cheese, with a bunch … Continue reading
I want my, I want my IPA–Part II
The first part of this essay showed how the architecture of the Institutional Patent Agreement differs from the new structure introduced by the Bayh-Dole Act. An IPA was a master agreement while Bayh-Dole was embedded in patent law, applied to … Continue reading