Category Archives: Bayh-Dole

AUTM Summarizes Bayh-Dole

Posted on September 5, 2012 by Gerald Barnett

Here is an AUTM summary of Bayh-Dole: Major provisions of the Act include: Non-profits, including universities, and small businesses may elect to retain title to innovations developed under federally-funded research programs Universities are encouraged to collaborate with commercial concerns to promote … Continue reading →

Posted in Bayh-Dole, Technology Transfer | 1 Comment

There are three paths you can go on…

Posted on August 12, 2012 by Gerald Barnett

Here’s a discussion in the wild, c. 2008, from some folks who generally have legitimate concerns about Bayh-Dole (my emphasis): One of BD’s intended virtues involved transferring default patent ownership from government to parties with stronger incentives to license inventions. … Continue reading →

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Dealing with TLO Food Bowl Aggression

Posted on August 9, 2012 by Gerald Barnett

I came across a paper in PLoS that discusses Global Access Licensing.  The point of the paper is to lay out GAL Framework principles and appeal to university licensing offices to implement them.  The authors point out that Bayh-Dole allows … Continue reading →

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Voice + Choice

Posted on July 5, 2012 by Gerald Barnett

Does a national research innovation system benefit from the mass conversion of generally open and diverse environments of university scholarship to institutionalized management behind a paywall?  That’s what is happening in America right now.  Efforts have only intensified after Stanford … Continue reading →

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The Gulag of Inventions

Posted on June 18, 2012 by Gerald Barnett

A Chronicle of Higher Education story has this headline: “Ambitious AAUP Effort to Guide Relations Between Academics and Industry Meets Resistance.” The “resistance” is from two officials speaking for AUTM and AAU. These are the same folks who led the … Continue reading →

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We could use better guidance on Bayh-Dole

Posted on June 15, 2012 by Gerald Barnett

I like how Eric Guttag goes after legal ideas.  I appreciate the way he digs into things, and his willingness to acknowledge when he needs to change his point of view.  Some time ago, he posted an excellent discussion of … Continue reading →

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Berlin contracts and Bayh-Dole

Posted on June 11, 2012 by Gerald Barnett

Germany has produced its own version of template agreements for research between universities and industry, called the “Berlin contracts.” There is even an English translation that makes for interesting reading. German law is also interesting because in addition to patent … Continue reading →

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IP Governance or IP Management?

Posted on May 31, 2012 by Gerald Barnett

After Bayh-Dole was passed, university administrators got the idea that universities had to have policy statements to claim ownership of inventions to comply with Bayh-Dole.  The idea was that “elect to retain title” meant “elect title” which meant “title vests … Continue reading →

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More Evidence in the Wild

Posted on May 22, 2012 by Gerald Barnett

Here is another example in the wild of the mischaracterization of Bayh-Dole.  This is a document that offers a “Brief Guide to Intellectual Property in a University Context”.   My point is to document how Bayh-Dole has been represented by university … Continue reading →

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Blasts from the Past

Posted on May 12, 2012 by Gerald Barnett

Here is the University of Arizona invention policy statement from 1939.  Simple voluntary approach with a breakout for expressly set out positions, with inventors owing 10% of their proceeds to the University if they are not using Research Corporation and … Continue reading →

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