Category Archives: Commons

Harbridge House on university exclusive licensing, 2

There’s one more thing raised by the Harbridge House report–the metrics on those patent development firms. Patent applications are filed on approximately 10 to 15 percent of the disclosures submitted and, if present circumstances continue, only one-quarter of these patents … Continue reading

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Why dealing in patent monopolies is bad for university research

[updated to add some comments among the elements of the list] Bayh-Dole recovers and expands the opportunity for universities to deal in patent monopolies on inventions made in federally supported work. Bayh-Dole does not require such behavior, does not give … Continue reading

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Open: The proper (and effective) role for public institutions in invention management

There are many things we could do, but choose not to do. Some of those things, people could make money doing, but we refuse. We could sell body parts, or eat them, or we could make people slaves–good money in … Continue reading

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Research Enterprise Policy Issues: fragmentation of noisy research

We have looked at noisy research and quiet research. Policy folks don’t much care, but it appears to make a difference whether research is conducted quietly or noisily. In quiet research, variations are explored, applications considered, data assembled, evidence checked … Continue reading

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The new rule

I once created a game I called “Tradition.” I was trying to find games with simple rule sets. In Tradition, the only rule was you could make a rule or make a move. At the outset, then, the only move … Continue reading

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A century of reaping enormous profits at the expense of sickness and misfortune, 1

In June 1917, the United States had just entered the first world war against Germany, and a German chemical maker through its American subsidiary Farbwerke-Hoechst held U.S. patents on salvarsan, a medicine used to treat syphilis. Along letters written on … Continue reading

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Nixon’s Need and Encouragement

In a series of articles we have dealt with the monopoly meme. The monopoly meme argues that the true purpose of patents is the corporate right to exclude all others from practicing an invention. Without this right of exclusion, so … Continue reading

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What the NIH says about Bayh-Dole, 3

Now we arrive at the source of the NIH’s conflation in its most recent “background” misrepresentation of Bayh-Dole. We are deep into the federally owned invention side of Bayh-Dole, section 209(a), in a list of the requirements that must be … Continue reading

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What the NIH says about Bayh-Dole, 2

We are working through the NIH’s most recent misrepresentation of the Bayh-Dole Act. In the first part of this effort, we looked at the NIH’s bungling of the basic premise of Bayh-Dole and the concept of practical application. Bayh-Dole’s first … Continue reading

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WARF, Vitamin D, and the Public Interest, 3

The appeals court in Vitamin Technologists sets up the case for compulsory licensing of inventions owned by public universities as instruments of state governments. That is, the appeals court establishes the basis for public march-in when a state owns a … Continue reading

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