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Category Archives: History
Where have you gone, Curt Flood?
It should be clear by now: universities have no basis to compel assignment of faculty intellectual property. The basis for faculty assignment of IP is voluntary agreement–either at employment because a faculty member is expressly hired to invent something, or … Continue reading
Posted in Bad Science, History, Policy, Present Assignment
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Invention is injury
I have been mulling over “scope of employment” and “course of employment” and “official duties” and related constructions that show up repeatedly in university patent policies. A strange thing about these matters is that there are two very different bodies … Continue reading
Worthless Patents
In my internet travels, I came across a useful article by Kimberly A. Moore titled “Worthless Patents.” At the time she wrote the article, she was a law professor at George Mason. Presently she is a judge with the Court … Continue reading
University Patent Policies, Past and Present, Part II
The first part of this essay showed some of the diversity of mid-century university patent policies. There were a number of approaches, from discouraging patenting to embracing it, from university direct control to the use of external agents. Almost all … Continue reading
Posted in Bayh-Dole, History, Policy, Present Assignment, Technology Transfer
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The Alt Narrative that Refreshes
In Ash: A Secret History, we get a slant narrative of a history that is almost our received view, but not quite. The narrative takes place on lands we recognize, with place names that are almost the ones we expect, … Continue reading
Posted in Bad Science, Bayh-Dole, History, Policy, Technology Transfer
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Innovation Wants Freedom
The university invention equity approach was so much the better than the present compulsory ownership approach. The equity discussion is flexible and allows for a broader set of responses. It can consider acknowledgement, repayment, shop rights, a license to the … Continue reading
University Patent Policies, Past and Present, Part I
How should a university (faculty, students, staff, administrators, alumni, sponsors and donors, regents, governments) manage inventions made by those hosted by the university? It is a big question, and it may be a misleading one. There are all sorts of … Continue reading
Two Key Moves in IPA to Bayh-Dole
The short form on IPAs vs Bayh-Dole. Two big changes: 1. Bayh-Dole removes the requirement for university ownership The IPAs forced university ownership of inventions made by anyone working on a federally funded project–faculty, subcontractors, volunteers. Bayh-Dole and its CFR … Continue reading
The Free Play of Free Intellects
The Bayh-Dole Act has been championed as a great turning point in the federal government’s management of inventions made by university faculty (for the most part) supported by federal money. The impression meant to be left with us is that … Continue reading
Posted in Agreements, Commons, Freedom, History, IP, Technology Transfer, Vannever Bush
Tagged free play, Vannevar Bush
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IPA compared with BD and its CFR and SPRC
I have created a table that lays out some of the differences between the 1968 HEW Institutional Patent Agreement template and the Bayh-Dole Act, the implementing regulations at 37 CFR Part 401, and in particular the Standard Patent Rights Clause … Continue reading