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Category Archives: Bozonet
Going to Eleven on NIST and (f)(2)
NIST is drafting new rules for the standard patent rights clause authorized by Bayh-Dole. Included in the proposed new provisions is a requirement that contractors require the assignment of inventions to the contractor. This is a bad idea. Besides, it’s … Continue reading
Posted in Bayh-Dole, Bozonet, Policy, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, NIST, Stanford v Roche, vesting statute
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Bayh-Dole’s Mandate to Break-up Patent Monopolies on Subject Inventions
In the past few months, I have spent a good deal of time on the Bayh-Dole Act. One of the great challenges of dealing with Bayh-Dole is to get past what university patent brokers say the law “is” and get … Continue reading
Exclusive licenses, assignments, and ticks, Part 4
Per Bayh-Dole, universities should not create “gray” areas in which nonprofits allow exclusive licensees the rights that only an assignee should have. If universities do so, they are required at the same time to transfer to those exclusive licensees/assignees the … Continue reading
Posted in Agreements, Bayh-Dole, Bozonet
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How a Moloch state defends its own
A while ago, I was going around with someone about a technical bit in Bayh-Dole. She thought my position was “baloney” because her lawyers had said it was. The language in the law, though, doesn’t support her position, nor do … Continue reading
Posted in Bayh-Dole, Bozonet, Policy, Social Science
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Ten Years After 25 Years After Bayh-Dole, Part 6
We have worked through the set up to a review article on the Bayh-Dole Act from the perspective of a couple of university licensing office practitioners. It’s a fascinating exercise in repeating the conventional vocabulary of university licensing offices but … Continue reading
Posted in Bayh-Dole, Bozonet, History, Policy
Tagged Bayh-Dole, IPA, NIH tools, patent commons, research exception
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Ten Years After 25 Years After Bayh-Dole, Part 5
We have been considering an article reviewing the Bayh-Dole Act published in Nature Biotechnology ten years ago. The purpose in working through the article is to show just how deeply the rhetoric of university “technology transfer” has gained a life … Continue reading
Ten Years After 25 Years After Bayh-Dole, Part 4
We have looked at an article by Boettiger and Bennett reviewing the Bayh-Dole Act after 25 years. We have picked over the description of the law and pointed out how our authors mischaracterize the law to their own disadvantage. Bayh-Dole doesn’t … Continue reading
Ten Years After 25 Years After Bayh-Dole, Part 3
Boettiger and Bennett look at Bayh-Dole after 25 years and discuss how things ought to change. To set up their discussion, they first characterize Bayh-Dole as having “shifted the incentive structure” for patents. Parts 1 and 2 of this series … Continue reading
Ten Years After 25 Years After Bayh-Dole, Part 1
Ten years ago Sara Boettiger and Alan Bennett, a couple of University of California licensing officers, published an article on Bayh-Dole in Nature Biotechnology, “Bayh-Dole: if we knew then what we know now.” Boettiger and Bennett paint a picture of … Continue reading
Turning (f)(2) into an assignment clause violates Bayh-Dole
When I first looked through the proposed revisions to Bayh-Dole’s implementing regulations, it appeared that they applied to inventions made by federal employees and extended implementing regulations to include large businesses, consistent with a presidential executive order that does the … Continue reading