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Category Archives: History
The Faculty Stack, 3: Linking Federal Resources with Free Play
We are working through the idea that faculty independence is an important element in the justification to push federal funding for research activities to universities. For Vannevar Bush, the idea was that the frontiers of science were best explored by … Continue reading
Latker Here, There, and Everywhere in Bayh-Dole
Norman J. Latker is the architect of present federal patent policy. Let’s work through his resume. It provides a remarkable tale of persistent influence leading to the unenforced, innovation-stagnating, dismal-performance (but it’s all kept secret, by law) Bayh-Dole Act. Latker … Continue reading
The faculty stack, 2: Basic Research and IP Policy
The idea I will pursue here is that university faculty represent a distinct and important kind of discoverer–researcher, investigator, noodler, gadgeteer, irrelevanteur, loon. Our search for what we cannot imagine depends in having at least some really capable folks out … Continue reading
Posted in Freedom, History, Policy, Vannever Bush
Tagged basic research, free intellect, Vannevar Bush
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For Latker, Bayh-Dole wins a political battle over delivery of research to the public
In February 1974, Norman J. Latker, patent counsel for the NIH, gave a talk in Chicago with the title “Progress Towards a Uniform U.S. Government Patent Policy for Universities and Non-Profit Organizations.” You can find most of it at IP … Continue reading
Unenforced, Bayh-Dole enables a federal offer to look the other way on price-gouging
The government’s failure to use its government license to practice and have practiced (=make, use, and sell) puts undue pressure on march-in to address nonuse and unreasonable use of inventions arising in work receiving federal support. NIST wants to gut … Continue reading
Posted in Bayh-Dole, high priced medicines, History, Vannever Bush
Tagged Bayh-Dole, government license, march-in, monopoly pricing, NIST
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Being blunt about Bayh-Dole operations, 2
Under Bayh-Dole, a federal contractor has no special right, and no obligation, to take ownership of inventions arising in federally supported research or development. There is nothing, absolutely nothing, in Bayh-Dole that suggests that Congress had any intention to make … Continue reading
Posted in Bayh-Dole, History
Tagged (f)(2), Bayh-Dole, FPR, IPA, reasonable interpretation, written agreement
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The IPA and Bayh-Dole on nonprofit assignment of subject inventions, 3
We are working through the approaches of the IPA master and Bayh-Dole’s standard patent rights clause to the assignment of inventions by nonprofit organizations. Unlike the IPA, which was a federal master contract made with selected organizations, Bayh-Dole is a … Continue reading
The IPA and Bayh-Dole on nonprofit assignment of subject inventions, 2
We have looked at the IPA assignment clause. Since the IPA is specific to nonprofits, there’s no reason to call out nonprofitedness. But there is a reason then to restrict any later invention assignment to nonprofit assignees. Why? The point … Continue reading
The IPA and Bayh-Dole on nonprofit assignment of subject inventions, 1
Norman Latker, patent counsel at the NIH, drafted Bayh-Dole on the sly, working against HEW policy on inventions to create an easier pathway by which nonprofits could pass exclusive control of inventions made in work receiving NIH funding to the … Continue reading
Posted in Bayh-Dole, History
Tagged assignment, Bayh-Dole, CNIOSI, IPA, Latker, subject invention
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What has Bayh-Dole changed?
There’s a persistent claim made that Bayh-Dole somehow changed university technology transfer–started it, revolutionized it, and/or made it successful where it wasn’t before. Something pretty darned big, anyway. But nowhere in Bayh-Dole is there any hint that nonprofit technology transfer … Continue reading