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Category Archives: Bayh-Dole
It’s a dead parrot, guys
Joe Allen, whom I respect a great deal for his work on Bayh-Dole, won’t give up after the ruling on Stanford v Roche. He has published a piece that aims to undermine the arguments I made in a commentary published … Continue reading
Posted in Bayh-Dole, Policy, Stanford v Roche, Technology Transfer
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Getting it clear on the Stanford v Roche decision
While the history of the work to create the Bayh-Dole Act is always fascinating, the intentions and later reasoning about the law by advocates for legislation does not necessarily translate into the intention of Congress, nor to the actual language … Continue reading
Posted in Bayh-Dole, Stanford v Roche, Technology Transfer
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The loss of university invention selectivity
A primary argument for university involvement in the management of federally supported inventions was that university agents were reporting something like 30% of their inventions under management were being placed with commercialization partners, while the federal agencies’ rate was something … Continue reading
Posted in Bayh-Dole, History, Policy, Technology Transfer
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The Root of the Problem
In the current Businessweek there’s a short interview by Tom Keen with John Taft about the idea of stewardship in the banking industry. The parallels with university IP are striking: [T]he leaders of our financial institutions lost touch with their … Continue reading
Posted in Bayh-Dole, Innovation, Policy, Social Science
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IP policy architectures, simpler than possible
One of the challenges of dealing with university technology transfer is that many of the descriptions of what is to be accomplished are cast in the singular, without context. Policies are then built around these singularities, and anything multiple is … Continue reading
Posted in Bayh-Dole, Policy, Social Science, Technology Transfer
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Mapping Invention Portfolio Expectations
What is the shape of the unknown? One might think, well, if it’s unknown, then how can we know? And yet we work with the unknown all the time. In this series of essays, a lot of my work has … Continue reading
Posted in Bayh-Dole, IP, Present Assignment, Technology Transfer
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Patent battles and research fragmentation
John Dvorak over at PC Magazine has an interesting comment on the patent battles shaping up in mobile. His more general observation, however, is what caught my eye: This whole idea of actual inventions and the monopoly is over. Around … Continue reading
Projects, the Treatment for Fool's Dream Virus
The gulf between the Supreme Court decision in Stanford v Roche and the push in universities for present assignments is huge. The Court decided the question whether Bayh-Dole was a vesting statute. It said no. Wasn’t. By doing that, … Continue reading
Posted in Bayh-Dole, Policy, Projects, Sponsored Research, Stanford v Roche, Technology Transfer
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Please Leave the Den Now
Attorneys analyzing Stanford v Roche and the Bayh-Dole Act from a distance need to understand: Bayh-Dole is directed at federal agencies. It requires agencies to use a standard patent rights clause in their funding agreements. The patent rights clause is … Continue reading
Recycling Losing Arguments as Policy Intent
In a recent essay on the Stanford v Roche decision, Sean O’Connor gives a fascinating perspective on the push by the University of California to impose a present assignment obligation on faculty. I could not figure how they could rationalize … Continue reading
Posted in Bayh-Dole, Policy, Present Assignment, Stanford v Roche
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