Category Archives: Bozonet

LES undermines Bayh-Dole for Congressional staffers

Brian P. O’Shaughnessy, the president of LES, has a little puff piece out purporting to defend Bayh-Dole–“Why Bayh-Dole?” In the piece, O’Shaughnessy sets up a straw man argument about open innovation and anti-patent advocacy and then strings together more logical fallacies … Continue reading

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Working through an old op/ed on university ownership of inventions

I was out browsing the web and came across an op/ed from 2011 published in the Baylor University magazine Lariat. The anonymous author was opining about the Stanford v Roche case and the title makes clear the position: “Patents should … Continue reading

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Documented and undocumented technology transfer programs

Recently, the University of California, in an internal report on its technology transfer program, indicated that its commercialization rate was 0.5%–1 invention in 200 got to the point of a commercial product. There was no indication whether those commercial products … Continue reading

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University Bayh-Dole Drug Price Gravy Licking

The financial sweet spot for drug development is to find compounds that make widely occurring acute conditions chronic. That’s a lifetime of payments following diagnosis. And really good for the twenty-year monopoly that permits pricing “whatever the market [for pain … Continue reading

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Nanopore subject invention patent battles

Illumina is suing Oxford Nanopore over nanopore technology for DNA sequencing. Here’s what is interesting. Illumina licensed patents from the University of Washington and University of Alabama (joint owners). The underlying inventions were made with federal support. Oxford Nanopore licensed … Continue reading

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Don’t think it will be easy to get at Bayh-Dole

Bayh-Dole was designed to create private patent monopolies for the pharmaceutical industry that operate without public oversight or accountability. Almost everything about Bayh-Dole is a corruption of prior federal and university practice. Sure, it is possible that university administrators might stand up and … Continue reading

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The FDA really did approve federally supported drugs before Bayh-Dole

Joe Allen, the political coordinator behind the Bayh-Dole Act, is seen by some as an expert on the law, because, well, he helped assemble the sausage. Me, I have become something of an expert on Bayh-Dole because I have had … Continue reading

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Bayh-Dole and the Keys to the Gates of Heaven, Part 1

Overcoming a usual narrative is takes tremendous work. There are many arguments against doing so: the received view is true; working against best practices can create liability or distrust; challenging the status quo can hurt one’s career; refusing to accept the … Continue reading

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Ordinary and subject patent monopolies

Here’s a diagram that might help discussions of patent rights made with federal funding. A general monopoly A operates without any constraints of law, and in particular without regard for anti-trust law. Thus, such a monopolist may exercise ranging power, … Continue reading

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Sticking a pin in Bayh-Dole

Over at The Hill, James Edwards has an op/ed piece, “Don’t sacrifice patents for politics,” that worries changes to Bayh-Dole march-in procedures. Almost everything about the piece is predicated on the “usual narrative”–which is almost but not entirely false. Let’s have a … Continue reading

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