Category Archives: Bayh-Dole

The IPA and Bayh-Dole on nonprofit assignment of subject inventions, 2

We have looked at the IPA assignment clause. Since the IPA is specific to nonprofits, there’s no reason to call out nonprofitedness. But there is a reason then to restrict any later invention assignment to nonprofit assignees. Why? The point … Continue reading

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The IPA and Bayh-Dole on nonprofit assignment of subject inventions, 1

Norman Latker, patent counsel at the NIH, drafted Bayh-Dole on the sly, working against HEW policy on inventions to create an easier pathway by which nonprofits could pass exclusive control of inventions made in work receiving NIH funding to the … Continue reading

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Misconceptions about the law that catalyzed 40 years of university patent bungling

In a recent op/ed (“The Law That Catalyzed Nobel Prize-Winning Research at UC Berkeley”), Carol Mimura argues, in effect, that provisions of Bayh-Dole should not be used to deter price gouging or to increase the availability of needed medical treatments. … Continue reading

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A question on RE: practice the invention

Search on RE: “what does “practice the invention” mean under bayh dole.” Practice means “to make, use, or sell” an invention. Practice means to use any of the substantial rights to a patentable invention. Practice means to “work” an invention … Continue reading

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What has Bayh-Dole changed?

There’s a persistent claim made that Bayh-Dole somehow changed university technology transfer–started it, revolutionized it, and/or made it successful where it wasn’t before. Something pretty darned big, anyway. But nowhere in Bayh-Dole is there any hint that nonprofit technology transfer … Continue reading

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A Bayh-Dole Quick Read, made longer with comments–Orp!

A Twitterer admonished another Twitterer to give Bayh-Dole a quick read. Sigh. But then I thought that I could help out. Here’s a really short version of Bayh-Dole, extracted from the swamp of muddy drafting that is Bayh-Dole. I’ve added … Continue reading

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Bayh-Dole, Piscopo version

Use the patent system! To promote use of inventions! Got an invention in federal research? Keep it! But license the feds! To practice and have practiced! Reporting? All kept secret! Nonprofits! Patent money? Deduct admin costs only! Use the rest … Continue reading

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A Bayh-Dole Quickest Read–Ha! Ha! Ha!

Here’s an even shorter version of Bayh-Dole, with some paraphrasing. Use the patent system to promote the use of inventions. A nonprofit or small business firm may elect to retain title to any subject invention. A subject invention is a … Continue reading

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A Bayh-Dole Quicker Read–Ha! Ha!

A Twitterer admonished another Twitterer to give Bayh-Dole a quick read. Sigh. But then I thought that I could help out. Here’s a even really shorter version of Bayh-Dole, extracted from the bog puddle of the last post: use the … Continue reading

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A Bayh-Dole Quick Read–Ha!

A Twitterer admonished another Twitterer to give Bayh-Dole a quick read. Sigh. But then I thought that I could help out. Here’s a really short version of Bayh-Dole, extracted from the swamp of muddy drafting that is Bayh-Dole, with bold … Continue reading

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