Category Archives: Bozonet

How Bayh-Dole Is Intended to Work, circa 1992, Part 2

Posted on March 21, 2019 by Gerald Barnett

We are working through a paragraph from a law review article from 1992, taken perhaps out of context, but setting out how Bayh-Dole was “intended” to work. Our problem is not so much with the law professor who wrote the … Continue reading →

Posted in Bayh-Dole, Bozonet | Tagged , , , , | Comments Off on How Bayh-Dole Is Intended to Work, circa 1992, Part 2

How Bayh-Dole Is Intended to Work, circa 1992, Part 1

Posted on March 20, 2019 by Gerald Barnett

I found a passage quoted from an article from 1992 in Wisconsin Law Review–“Faculty Generated Inventions: Who Owns the Golden Egg?” by Pat K. Chew, a distinguished law professor now at the University of Pittsburgh. Chew describes how Bayh-Dole is … Continue reading →

Posted in Bayh-Dole, Bozonet | Tagged , | Comments Off on How Bayh-Dole Is Intended to Work, circa 1992, Part 1

A null hypothesis for the ITIF panel on Bayh-Dole

Posted on February 27, 2019 by Gerald Barnett

The Information Technology & Innovation Foundation, a  self-described think tank based in Washington DC, will have a panel soon featuring Joe Allen and representatives from BIO and AUTM. Here’s the topic of the discussion: Join us on March 7 for … Continue reading →

Posted in Bayh-Dole, Bozonet | Tagged , | Comments Off on A null hypothesis for the ITIF panel on Bayh-Dole

Inventor freedom and the unexpected model of innovation, 1

Posted on January 28, 2019 by Gerald Barnett

Consider an alternative to the present university administrator mania for patenting. Let’s start with inventor freedom and then look once more at what I call Vannevar Bush’s unexpected model of innovation. There are difficulties in the effort. First, the social … Continue reading →

Posted in Bayh-Dole, Bozonet, Innovation, Policy | Tagged , , , , | Comments Off on Inventor freedom and the unexpected model of innovation, 1

Another NIST FAQ-up, 2

Posted on January 24, 2019 by Gerald Barnett

For the rest of NIST’s FAQ’d-up answer, let’s parse closely. NIST has just repeated the obvious–if an invention has been conceived and reduced to practice prior to federal funding, it is not a subject invention. The question, however, has to … Continue reading →

Posted in Bayh-Dole, Bozonet | Tagged , , , , | Comments Off on Another NIST FAQ-up, 2

Pensé and Perspectivability-2

Posted on January 22, 2019 by Gerald Barnett

I have been writing about my sense of perspective–something not possible in an infinite university, according to the Hitchhiker’s Guide to the Galaxy. Though I have worked at and for universities in technology transfer for a couple of decades, I … Continue reading →

Posted in Bayh-Dole, Bozonet, Technology Transfer | Tagged , , , , | Comments Off on Pensé and Perspectivability-2

These are not the investors Congress was looking for

Posted on January 18, 2019 by Gerald Barnett

Universities routinely assign federally funded inventions to companies. They do so under the cover of an exclusive patent license, expecting that they won’t get caught. There are two kinds of exclusive license. In one, a true exclusive license, the licensee … Continue reading →

Posted in Bayh-Dole, Bozonet | Tagged , , , , , , | Comments Off on These are not the investors Congress was looking for

Bayh-Dole inventor disclosure summary

Posted on January 16, 2019 by Gerald Barnett

Let’s summarize. Bayh-Dole does not require inventors to disclose inventions arising in federally supported research or development. It’s just not there. Go look. I’ll wait. Bayh-Dole does not require inventors to give up rights to their inventions.  It’s not there. … Continue reading →

Posted in Bayh-Dole, Bozonet | Tagged , , , , | Comments Off on Bayh-Dole inventor disclosure summary

When to disclose inventions? Part II: Bayh-Dole, 2

Posted on January 15, 2019 by Gerald Barnett

We are explaining why, despite widespread insistence by folks who set themselves up as experts, there’s no obligation in Bayh-Dole for inventors to disclose inventions made under a federal contract. The first point to be made is that if one … Continue reading →

Posted in Bayh-Dole, Bozonet | Tagged , , , , | Comments Off on When to disclose inventions? Part II: Bayh-Dole, 2

When to disclose inventions? Part II: Bayh-Dole, 1

Posted on January 14, 2019 by Gerald Barnett

When to disclose a subject invention under Bayh-Dole? It doesn’t matter. Really. Let me explain. The Bayh-Dole Act applies to subject inventions. A subject invention is an invention (i) owned by a contractor (ii) that is or may be patentable … Continue reading →

Posted in Bayh-Dole, Bozonet | Tagged , | Comments Off on When to disclose inventions? Part II: Bayh-Dole, 1