Category Archives: Bayh-Dole

The urge to tech transfer

Posted on March 9, 2011 by Gerald Barnett

Technology transfer refers to the movement of capability from one group to another.  Three conventional forms are from a developed country to a developing country (send in the tractors, there have to be tractors); from one industry to another (wifi … Continue reading →

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Assigning the SPRC

Posted on March 9, 2011 by Gerald Barnett

Melba Kurman asks in a comment to the previous post that I discuss assignment of the SPRC in more detail. Melba has an interesting blog on university technology management, so check it out here. [The blog has been retired–but for … Continue reading →

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OMG! no OTL required!

Posted on March 8, 2011 by Gerald Barnett

An amazing consequence of the Bayh-Dole Act is that no university technology transfer office is required for its implementation.  No OTL, no affiliated research foundation, no nuthin’.   A university can operate perfectly well under standard patent rights clauses by waiving … Continue reading →

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The problem with portfolios

Posted on March 7, 2011 by Gerald Barnett

A university-based compulsory system of invention management necessarily imposes institutional claims on innovation. Invention administration comes within institutional requirements for risk management, for contracting, for consistency, and for following policies, no matter how badly conceived and how out of date … Continue reading →

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Back to the Past

Posted on March 4, 2011 by Gerald Barnett

Bayh-Dole applies to federal agencies.  It sets a uniform protocol for how they are to contract with universities for invention rights.   Everything about how Bayh-Dole reaches to universities is by way of agreements and choices.  And it is by agreements … Continue reading →

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The Secret Fingers-Crossed Version of Bayh-Dole

Posted on March 4, 2011 by Gerald Barnett

[This article was written before the Supreme Court decided Stanford v Roche (June, 2011). It was also written before NIST did its crazy stupid overhaul of the codification of Bayh-Dole at 37 CFR 401, changing references and adding its dumber … Continue reading →

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Making the Connection

Posted on March 3, 2011 by Gerald Barnett

Under the standard patent rights clause (SPRC) in a federal funding agreement, a university is required to obtain the agreement of its research employees (that is, other than its clerical and non-technical employees) to protect the government’s interest.  The requirement … Continue reading →

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The Bayh-Dole Experiment That Has Failed

Posted on March 3, 2011 by Gerald Barnett

Bayh-Dole is a law directed at federal agency research contracting with universities, other nonprofits, and small businesses. Bayh-Dole makes uniform agency procurement of subject inventions—inventions made with federal support and falling within the definition of subject invention in Bayh-Dole—requiring agencies … Continue reading →

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All for Outcomes, and Outcomes for All

Posted on January 24, 2011 by Gerald Barnett

In Stanford v. Roche, the discussion for folks on the sidelines is *not* who “wins” but rather the consequences of the arguments used to “win”.  If the interpretation of certain university-controlled organizations win, then the outcomes will affect *everyone*, regardless of … Continue reading →

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On the warfarin path, part 2

Posted on January 17, 2011 by Gerald Barnett

The first essay in this series is here. Let’s turn now in our warfarin narratives to a few more developed accounts, including Karl Paul Link’s own published account. [I have corrected a biographical error–Prof. Link’s Ph.D. was from Wisconsin, not … Continue reading →

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