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Category Archives: Bozonet
“Promote” in Bayh-Dole, 4
In arguing in Public Citizen v NIH that secret exclusive deals were the only way the NIH could fulfill its public mission–or at least the mission of its patent licensing office–the NIH produced some interesting metrics. In 2000, the NIH … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged Bayh-Dole, disclosure, exclusive license, fat, misery, NIH, promote, Public Citizen
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“Promote” in Bayh-Dole, 3
We are working through the Public Citizen v NIH case. Public Citizen sought to make the NIH disclose key elements of its exclusive licensing practice, and NIH refused. The Court agreed with the NIH–that in the balance between public interest … Continue reading
NIST does not understand the government license in Bayh-Dole
NIST has issued a draft green paper that consolidates all the fake history, pseudo data as fact, misrepresentations of Bayh-Dole, and misconceived proposals all in one convenient place. I can’t hope to catch everything, but let’s take a look at … Continue reading
UW Continues to Ride Fake Startup Metrics
From 2008 to 2015, the University of Washington faked its startup metrics and won itself awards and reputation for its entrepreneurial and innovative chops. (See articles discussing UW fakery here and here and here.) Senior UW administrators concocted a story … Continue reading
Posted in Bozonet, Metrics
Tagged fake metrics, falsus, fools, innovation, UW
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Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 3
A careful read of Bayh-Dole and its omission of the patent agreement requirement argues not only did Bayh-Dole reverse the “presumption” of federal ownership of inventions made under contract but also repudiated the federal requirement that contractors own inventions so … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, FPR, SPRC, work of clowns
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Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 2
We are looking at how Bayh-Dole botches invention ownership. Where the Federal Procurement Regulations implemented in 1975 were clear, Bayh-Dole in 1980 is muddy. The FPR approach is simple: contractors must have patent agreements that ensure that contractors will be … Continue reading
Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 1
Bayh-Dole botches its management of invention ownership. To see how, we need to look at how Bayh-Dole in 1980 changed the Federal Procurement Regulation put in place in 1975. In particular, let’s look at how the definition of subject invention … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged 41 CFR 9-1, assignment, Bayh-Dole, botch, equitable title, Federal Procurement Regulations, of the contractor, subject invention
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Illusions of Bayh-Dole: “manufactured substantially” 6
Now let’s look at Bayh-Dole’s treatment of federal employees who make inventions. Actually, there’s nothing in Bayh-Dole about it–Bayh-Dole applies only when a federal agency grants licenses to the inventions it owns. When the federal government allows a federal employee … Continue reading
Bayh-Dole the Giant Turd
Howard Forman, a patent attorney, introduced the claim that the federal government had 26,000 unused patents in his testimony before a House subcommittee in 1976, and that the reason for the nonuse was that the government made the inventions available … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged 28K patents, Bayh-Dole, giant turd
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Nonsense about Bayh-Dole from Bio, 2018 edition–2
We are working through the 2018 version of Bio’s misinfographic about Bayh-Dole and its relationship to drug prices. Bio report metrics from an AUTM report as if they are facts. But these are not facts–they are estimates from an unvalidated … Continue reading