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Category Archives: Bayh-Dole
The Lens of the (faux) Bayh-Dole Act
I continue to be amazed at the persistence of the faux Bayh-Dole crowd. Like something out of The Road Warrior, they keep coming back to wreak havoc. Despite the text of the law, the Supreme Court ruling in Stanford v … Continue reading
Posted in Bayh-Dole, Freedom, History, Policy, Stanford v Roche, Technology Transfer
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Universities for Innovation and the Export of Defective Bayh-Dole
In looking at how the American university administrator’s version of Bayh-Dole has been exported to the world, I came across legislation in India that proposes creating a new class of “innovation” universities. According to a story in the Chronicle of … Continue reading
Posted in Bayh-Dole, Innovation, IP, Policy
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Three Innovation Propositions of the Moloch-State
As American public universities ramp up their claims to own faculty inventions, software, works of authorship, and even know-how, all in the name of profit-seeking from “commercialization”–by which they mean something along the lines of “making money when speculative monopolists … Continue reading
A bureaucrat’s thumb in every hopeful innovation pie
Advocates of the “faux” Bayh-Dole make the claim that the inspired part of the Act is that it gives ownership of faculty inventive work supported by federal funds to university bureaucrats for their fun and profit. I know, I’ve skipped … Continue reading
Posted in Agreements, Bayh-Dole, Policy, Present Assignment, Stanford v Roche
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Another Wild Assertion of Best Practice
Here is a passage from the “IP Handbook of Best Practices,” from an article about the development of University of California “technology transfer”, co-authored by a former director of the UC tech transfer office (emphasis added): In 1943, the first … Continue reading
The March-In That Ain’t
I came across an interesting commentary by John Conley on the NIH’s refusal to exercise march-in rights under Bayh-Dole. The post is from January 2011 and has to do with the problems Genzyme has had producing an enzyme that helps … Continue reading
Recovering Agent Choice
Having looked at the various topics Research Enterprise has covered over the past four years, it’s also good to look at where we are in terms of university innovation management. Prior to Bayh-Dole’s passage in 1980, university innovation practice was … Continue reading
Summary Re-writing Bayh-Dole
[Updated with new examples to replace ones since removed from the web–whack-a-mole time] I have pointed out how AUTM’s summary of Bayh-Dole puts its own misleading spin on the law. Here is how this bad advice works in the wild. … Continue reading
Posted in Bayh-Dole, Policy, Stanford v Roche
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Five Defects in Persistent Readings of Bayh-Dole
I read a couple of recent papers that involved Bayh-Dole, oh boy. One was a new law review article on Stanford v Roche. In what has come to be expected fashion, the authors mishandle Bayh-Dole. Rather than spending time pointing … Continue reading
Posted in Bayh-Dole, Literature
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Bayh-Dole, the Invention Management Free-Agency Law
I came across an email from November 2009 that rather lays out the heart of the public debate around free agency. It’s from Joe Allen to Robert Hardy (at COGR) and Howard Bremer (long time at WARF). Robert Hardy has sent … Continue reading