Category Archives: Bayh-Dole

Shrewdly administered business enterprises

Posted on November 19, 2011 by Gerald Barnett

The article I discussed in the previous post makes a pitch for federal policy to make revenue generation an objective of Bayh-Dole, and then worries that pitch.  Where the article is spot on is the need for accountability.  The authors … Continue reading →

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Recombinant Bayh-Dole

Posted on November 19, 2011 by Gerald Barnett

Here’s an opening to an article on the Axel patents at Columbia (my emphasis). The Bayh-Dole Act of 1980 gave federally funded grantees and contractors, including universities, a clear and uniform mandate to patent and license inventions stemming from federally … Continue reading →

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All your works are belong to USC

Posted on October 30, 2011 by Gerald Barnett

Here’s one for you, from the University of Southern California Intellectual Property Policy.  See if you can figure out what’s wrong untrue with this statement: Both California and federal law provide that the University owns all intellectual property created or … Continue reading →

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Fixin' for Some Bayh-Dole Fixing

Posted on October 29, 2011 by Gerald Barnett

Here’s more in the wild on vesting interpretations of Stanford v. Roche.  Written by a suit of attorneys at the firm of Bracewell & Guiliani, it gets a piece of the Supreme Court decision right, does a decent job summarizing … Continue reading →

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The Party Boat

Posted on October 28, 2011 by Gerald Barnett

Here’s a bit from the Rice University Invention and Patent Policy: In the case of Government-supported research, the Bayh-Dole Act and subsequent amendments and federal regulations provide the basis for current University technology transfer practices. Accordingly, while the University is … Continue reading →

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MIT's Patent Policy Problem

Posted on October 28, 2011 by Gerald Barnett

During the kerfluffle known as Stanford v Roche, one of the big advocates for Bayh-Dole as a vesting statute was MIT.   The MIT amicus brief is here.   It’s in this amicus brief that the idea that a present assignment trumping … Continue reading →

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The CHARM Act of 2012

Posted on October 26, 2011 by Gerald Barnett

We’ve had some long posts lately.  It’s been necessary.   And there will be more, to show just how thoroughly technology transfer programs have run amok, how there are viable and attractive alternatives, that there are folks ready to develop these … Continue reading →

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Washington’s little "it’s not a policy change"

Posted on October 17, 2011 by Gerald Barnett

Here’s more evidence in the wild about how administrators are warping the Stanford v. Roche decision.  Here it is the University of Washington, sending out a note to faculty about little technical changes in approval forms for consulting, claiming it’s … Continue reading →

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The Sea Change

Posted on October 13, 2011 by Gerald Barnett

The Chronicle of Higher Education published a note about Stanford v. Roche in June.  It repeats the mantra given out by law firms regarding the decision: “The ruling was also a warning to universities to carefully check the language and … Continue reading →

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Transmogrifying Bayh-Dole into University Self-Interest, Wisconsin-style

Posted on October 1, 2011 by Gerald Barnett

The University of Wisconsin system provides a template agreement that is meant to satisfy the (f)(2) requirement.  Let’s work through it to see what parts are required by the standard patent rights clause in Bayh-Dole, what parts are inserted by … Continue reading →

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