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Category Archives: Bozonet
Bayh-Dole’s Public Covenant, 5
The Necessity of Government Action Under Its Non-exclusive Licenses Let’s look at two arguments why the government must act on its licensed rights in subject inventions. The first argument has to do with the rhetoric of Bayh-Dole. If the government … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged Bayh-Dole, public covenant, reasonable terms, subject invention
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Illusions of Bayh-Dole: the bathos of university practice, 3
We are working through a report of a workshop discussion of Bayh-Dole’s “manufactured substantially” requirement in 35 USC 204. Actually, it’s not really a requirement–more like a gesture. It’s incredible what the workshop panel folks can’t get right about the … Continue reading
Illusions of Bayh-Dole: the bathos of university practice, 1
In 2013, David Schwartz wrote an article posted at Tech Transfer Central’s “Technology Transfer University Reporter” about the “substantially manufactured” requirement in Bayh-Dole (35 USC 204). Schwartz reports advice offered by a workshop panel on handling NIH waiver requests, but … Continue reading
Bayh-Dole–six parts real, one part faux
Bayh-Dole is a law in six real parts and one faux part. There’s a policy part (35 USC 200, 201, 206, 210-212); requirements for contractor owned inventions (35 USC 202(a, b), 203, 204, 205); requirements for federally owned inventions (35 … Continue reading
On Not Crossing Donner Pass
Turn anywhere in university technology transfer and you will find the “Valley of Death.” This Valley of Death, goes the argument, is the reason why it is so difficult to license patents to industry to create commercial products. There’s just … Continue reading
Posted in Bozonet, Social Science
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More Contempt of the Supreme Court at the NIH
Here is more misrepresentation of Bayh-Dole from the NIH, the creator of Bayh-Dole, purporting to be advice for inventors: Under the Bayh-Dole Act, your institution as the grant recipient owns rights to the NIH-funded invention and has the right and obligation … Continue reading
Posted in Bayh-Dole, Bozonet, Technology Transfer
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University Confusion Over Bayh-Dole and Copyright, 2
We are working through a recent article posted at Emory University’s technology transfer site [since thankfully removed]. The article claimed that Bayh-Dole has something to do with copyrights and data, asserted that the reporting requirements are complicated, and then fussed … Continue reading
Posted in Bayh-Dole, Bozonet, Sponsored Research
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University Confusion Over Bayh-Dole and Copyright, 1
[This article comments on an article at Emory University’s technology transfer office’s web site. The article has finally been removed, so I have in turn removed some identifying elements. I’m keeping this article up, however, for the discussion of Bayh-Dole … Continue reading
Even the $100K/yr drugs don’t much work
Advocates for Bayh-Dole make a great deal over the number of drugs that involve university patents that have been approved since the passage of the Bayh-Dole Act. One of their measures is the number of drugs that have been developed. … Continue reading
Taking Apart APLU’s Talking Points on Bayh-Dole, 4
One more bit about Bayh-Dole in the APLU Talking Points: Before 1980, fewer than 250 patents were issued to U.S. universities annually; discoveries were rarely commercialized for the public’s benefit. By contrast, according to a recent survey by the Association … Continue reading