Category Archives: Bayh-Dole

The Entrepreunial Research University

Three narratives have come together to support the transformation of American university innovation policy from one of diversity and institutional support to one of monopoly institutional control of research inventions, heralded as the best thing for the country. All the … Continue reading

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Breaking Three Cords

The architecture for university IP management is deeply entrenched. It is held in place by a set of three narratives, each of which is readily challenged, but together have such a satisfying outcome that it is difficult for administrators not … Continue reading

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A vaccine for university invention borreliosis

Equity in an invention arises in a number of ways under the university patent policies of the pre-Bayh-Dole misconstruction.   Generally, the premise of equity has to do with support beyond the normal activities and salary of the work, unless someone … Continue reading

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Equity Policies and Ownership Policies, Part III

Part I is here.  Part II is here.  Part III follows below. The policies of the form of 1962–dealing in equities, diverse, open, advocating the use of external invention management agents, if a university had a policy at all–supported the … Continue reading

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1962 University of Arizona patent policy allowed inventors to choose their agent

In Neal Stephenson’s Anathem, in an earth-history parallel but someways upside downed from our own, there is an order of “avouts” or knowledge-monks called Lorites. A Lorite is “A member of a Order founded by Saunt Lora, who believed that … Continue reading

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Present Assignment Shakedown

That’s a nice invention ya got there, Prof.  Pity if something were to happen to it. Using a present assignment would not have saved Stanford’s position in Stanford v Roche.  There are too many other circumstances that work against Stanford.  … Continue reading

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Why is the 1995 NIH "20-20" Guide Still Up?

At the University of Cincinnati Intellectual Property web site we find this NIH Guide, the 20 Questions About Extramural Invention Reporting: The Bayh-Dole Act encourages researchers to patent and market their inventions by guaranteeing patent rights. [No, wait–we find the … Continue reading

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Expenses (including payments to inventors)

Stanford’s claim on a quarter billion dollars in royalties in Stanford v Roche turned on the little word “of” in the construction “of a contractor” as part of the definition of subject invention.  “Of” it turns out, has its ordinary … Continue reading

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Restoring Bayh-Dole's Fundamental Bargain

Bayh-Dole asks inventors in faculty-led, government supported research to choose an invention management agent.  If the inventors don’t choose, then the government gets to choose. Unlike practice in industry, university faculty had a range of options available to them when … Continue reading

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The Distribution of the SPRC and the Government's Interest in Inventions

The (f)(2) provision in the standard patent rights clause authorized by Bayh-Dole makes everything happen.  It is the key to understanding how agency procurement of patent rights works.  It gets at how a federal agency, through a funding agreement, by … Continue reading

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