Category Archives: Bayh-Dole

Wisconsin offers a little choice

Posted on September 30, 2011 by Gerald Barnett

The University of Wisconsin had a strong tradition of faculty ownership of IP and control over research activities.  Faculty negotiated their own sponsored research agreements, for instance, with regard to IP.  Wisconsin wasn’t alone in this.  Until recently, Stanford had … Continue reading →

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Universities went wrong early on Bayh-Dole

Posted on September 29, 2011 by Gerald Barnett

Here’s 37 CFR 401.14(a)(f) under the heading “Contractor Action to Protect the Government’s Interest”: (2) The contractor agrees to require, by written agreement, its employees, other than clerical and nontechnical employees, to disclose promptly in writing to personnel identified as … Continue reading →

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Slop Dollars and the Bayh-Dole Character Test

Posted on August 17, 2011 by Gerald Barnett

A new bill to rewrite parts of Bayh-Dole is under review.  Here is a write up about it.   The idea is that a panel would be set up to explore some portion of royalties on government funded inventions would go … Continue reading →

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New earth

Posted on July 28, 2011 by Gerald Barnett

The Supreme Court ruling in Stanford v Roche makes it clear that the Bayh-Dole Act does not vest title in inventions with universities, does not mandate that universities take title, does not constrain inventors to assign only to their university … Continue reading →

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Go West for Innovation!

Posted on July 13, 2011 by Gerald Barnett

Here is the biggest outcome of Stanford v Roche: Bayh-Dole does not require universities to take ownership of inventions made with federal funds, does not mandate that universities do so, does not restrain the rights of inventors so they can … Continue reading →

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Corrections Appended

Posted on July 11, 2011 by Gerald Barnett

Here is a university article from April, before the Supreme Court decision. I was hoping that the correction appended would have to do with errors having to do with Bayh-Dole, but no, it was not to be. Thus, I’ve supplied … Continue reading →

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Good News! Universities may now destroy open research and violate Bayh-Dole at will!

Posted on July 11, 2011 by Gerald Barnett

Here is some advice for universities on Stanford v. Roche (“Notwithstanding The Supreme Court’s Ruling Against Stanford, Universities Have The Means To Protect Their Rights In Faculty Inventions”): “In a 7-2 decision delivered by Chief Justice Roberts, the Court affirmed … Continue reading →

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Spoiling the Soda

Posted on July 8, 2011 by Gerald Barnett

I am working to describe how Bayh-Dole operates.  That means:  building a general picture from the details, rather than assuming a simple, general picture and then ignoring all the details that don’t fit in.  It also means:  considering how universities … Continue reading →

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The road to serfdom, patent reform version

Posted on July 1, 2011 by Gerald Barnett

At IP Watchdog, Eric Guttag is out with a piece on the effect of patent reform legislation on Bayh-Dole compliance. It’s an important topic, and Guttag raises some valuable points. But at the root of it, he is working with … Continue reading →

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5 Things to Learn about Stanford v Roche

Posted on June 28, 2011 by Gerald Barnett

1. Assignment of inventions to the university is not a condition of federal funding or federal law. Whatever demands assignment, it ain’t Bayh-Dole.  It is not true, and it is not even credible after Stanford v. Roche, to claim that … Continue reading →

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