Category Archives: Bayh-Dole

Oh, to be the happy dog again

Posted on January 15, 2012 by Gerald Barnett

There has been a lot of bad advice for universities out there in the wake of Stanford v Roche.   It almost appears to be orchestrated talking points on the need for universities to implement present assignments to prevent another outcome … Continue reading →

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What "of the contractor" teaches us about "subject inventions"

Posted on January 10, 2012 by Gerald Barnett

[In a previous essay, I worked through problems with “of the contractor” and argued that the interpretation had to include employees who invent even if they had not assigned to the contractor.  Here, I explain in more detail how this … Continue reading →

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What SvR Means: Five Key Points

Posted on December 21, 2011 by Gerald Barnett

What does Stanford v Roche mean for research enterprise? 1.  Federal university research innovation policy favors freedom over compulsory practices. Bayh-Dole rolled back agency compulsory invention ownership policies to create a powerful group of expert, university-based, independent investigators with access … Continue reading →

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Rev Proc 2007-47’s Nonsensical Attack on Bayh-Dole

Posted on December 15, 2011 by Gerald Barnett

[9/20/18–See this discussion of Rev Proc 2007-47 by the University Industry Demonstration Project–“Public Policy Regarding Industry-Sponsored Research at U.S. Universities.“] Many public universities use tax-free bonds to construct their research buildings, and when they do, they run afoul of the … Continue reading →

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Putting the Groove Back

Posted on December 4, 2011 by Gerald Barnett

University tech transfer folks got Bayh-Dole wrong, repeated it so often that it started to sound right, were told by the Supreme Court they were wrong, and now are trying to implement privately what sounded good to them–compulsory university ownership … Continue reading →

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Undoing the Work of the Grifters

Posted on December 4, 2011 by Gerald Barnett

When you clear away the BS, you may as easily get mystery as clarity.  For innovation management, mystery is acceptable. I’ve been trying to get at what is going on with the present assignment push in universities.  It appears to … Continue reading →

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The UC Present Assignment Demand: Links

Posted on December 3, 2011 by Gerald Barnett

For UC faculty unsure of what to do with the UC administration “this is not a change in policy, just sign here to confirm you agree”, here is a set of links to my discussion of the matter, if it … Continue reading →

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A new page

Posted on December 1, 2011 by Gerald Barnett

I have added a new page, Guide to the Bayh-Dole Act.  This is a piece that I put together for the Innovation Reading Group last spring, and thought I would revise it and post it here as well, where it … Continue reading →

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Apply This 1% Solution to the Affected Areas…

Posted on November 30, 2011 by Gerald Barnett

UCSF has produced a short PowerPoint presentation [since removed] that lays out their rationale for changing their policy from a “promise to assign” to a “present assignment.”   You can flip through the slides in a few seconds. Standard story. Stanford … Continue reading →

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Sample language for my UC friends

Posted on November 30, 2011 by Gerald Barnett

I worked for six years in the University of California system, dealing with IP and research contracts.   Given the current changes to patent policy being sent out to policy under the “the Supreme Court made us change policy, but this … Continue reading →

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