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Category Archives: Bozonet
The Basic Policy Question Behind Bayh-Dole
There’s one simple issue: Should the federal government subsidize with public funding for nonprofit research the creation of patent monopolies? There it is. The answer that has dominated for thirty-five years is “Yes.” How comfortable are you with that? Gut-level? … Continue reading
Posted in Bayh-Dole, Bozonet, Policy, Sponsored Research, Technology Transfer
Tagged Bayh-Dole, federal funding, IPA, patent policy, research, scheme
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Institutional patent derangement syndrome
The discussion of university ownership of patents on inventions made in faculty-led research invariably adopts the singular. Consider one invention at one university. Now, doesn’t it make sense that university administrators should take over that invention for the good of … Continue reading
Posted in Bozonet, Policy, Sponsored Research, Technology Transfer
Tagged institutional patent derangement syndrome, inventions, madness, nanotubes, patents
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The devils in the details: Bayh-Dole supports academic freedom, 2
Part 1 of this article is here. By requiring the contractor to require “technical” employees to make a written agreement, (f)(2) does some fundamental things within the framework of definitions set up by Bayh-Dole. Watch the devils tumble out in … Continue reading
Posted in Bayh-Dole, Bozonet, Freedom, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, devil, patent, subject invention, WARF
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The devils in the details: Bayh-Dole supports academic freedom, 1
Bayh-Dole supports the academic freedom of faculty inventors. University administrators refuse to comply. Here, we walk through the law, the implementing regulations, the various patent rights clauses to show the result. Fair warning to university administrators reading this piece. I … Continue reading
Posted in Bayh-Dole, Bozonet, Freedom, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.14, 37 CFR 401.9, academic freedom, Bayh-Dole, contractor, funding agreement, patent, subject invention, turdly
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Bayh-Dole Basics 5: invention assignment
Assignment of an invention involves conveying all substantial rights in the invention–the exclusive rights to make, to use, and to sell. These substantial rights can be conveyed expressly by transferring title (that is, the right of ownership) or implicitly by … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged assignment, patent, subject invention
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The booger way of innovation
Consider these two pathways by which universities might acquire inventions under Bayh-Dole’s patent rights clause. 1. Non-compliant. University by policy asserts ownership of all inventions made by faculty. University refuses to comply with the (f)(2) written agreement requirement in Bayh-Dole’s … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged 37 CFR 401.14(a), 37 CFR 401.9, Bayh-Dole, boogers
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The bozonet on mount stupid
I mentioned “mount stupid” last week in a three-part article on the University of Utah. Mount stupid is a bit of a meme derived from accounts of the Dunning-Kruger effect, which I have referred to in developing an account of … Continue reading
Posted in Bozonet, Technology Transfer
Tagged bozonet, dunning-kruger effect, mount stupid, technology transfer
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University of Utah’s Mount Stupid Disclosure Claim, 3
Now let’s look at what the University of Utah requires by way of assignment. My snark controls have apparently failed. I will try to line out at least some of the snark. Here is a link to the template Assignment … Continue reading
Posted in Bayh-Dole, Bozonet, Policy, Sponsored Research
Tagged assignment, invention, mount stupid, Utah
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University of Utah’s Mount Stupid Disclosure Claim, 2
We are working through a statement by the University of Utah regarding disclosure. We have got through one paragraph, and now are headed to the second. Unfortunately, the snark restrictor on my WordPress editor has failed and snark keeps popping … Continue reading
Posted in Bayh-Dole, Bozonet, Policy, Present Assignment, Sponsored Research
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University of Utah’s Mount Stupid Disclosure Claim, 1
Here is a bit from the University of Utah’s web site. The general topic is final invention reporting for grant close out. Here’s the statement of interest (bold in the original, links removed): All University employees are responsible to disclose all … Continue reading
Posted in Bayh-Dole, Bozonet, Policy, Present Assignment, Sponsored Research
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