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Category Archives: History
I want my, I want my IPA–Part IV
Previous parts of this essay (I, II, and III) have taken up the structural shift of Bayh-Dole from the Institutional Patent Agreement, removing assignment to the university but also relaxing licensing oversight to the point of non-consequence. What is left … Continue reading
I want my, I want my IPA–Part III
Part III continues a discussion of the changes from the Institutional Patent Agreement to the Standard Patent Rights Clause authorized by Bayh-Dole. (Part I is here; Part II, here). The Bayh-Dole Act was passed like swiss cheese, with a bunch … Continue reading
I want my, I want my IPA–Part II
The first part of this essay showed how the architecture of the Institutional Patent Agreement differs from the new structure introduced by the Bayh-Dole Act. An IPA was a master agreement while Bayh-Dole was embedded in patent law, applied to … Continue reading
I want my, I want my IPA–Part I
From time to time advocates of the idea that Bayh-Dole vests ownership of inventions with employers argue that the intent of the law was to build off of the Institutional Patent Agreement model developed by the NIH. The IPA approach … Continue reading
A Provisional History
I have been trying to figure out what happened to Research Corporation and why AUTM is so antagonistic to the idea of faculty inventors having a choice of who they work with to deploy their research findings. I call it … Continue reading
Posted in Bayh-Dole, History, Policy, Technology Transfer
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A Brief History of University Patent Policies
[Updated May 2018] American University Patent Policies: A Brief History 1900-1924 Universities have no formal policy on patents, and follow defaults provided by law, addressing issues as they arise. 1912 University of California professor Frederick Cottrell forms non-profit Research Corporation … Continue reading
Posted in History
Tagged History, IPA, NIH, NSF, patent policy, Science the Endless Frontier, university
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An Updated Guide to the Bayh-Dole Act
Ah, COGR has not contacted me yet for help in revising their long-neglected Guide to the Bayh-Dole Act. While I waited for their call, I put together this text for a brochure that might serve until they have finished revising, … Continue reading
Problems with COGR’s 1999 "Guide" to Bayh-Dole
In 1999, the Council on Governmental Relations, a non-profit organization that fronts for over 100 research universities on lobbying and advocacy issues, produced an influential summary of the Bayh-Dole Act, “The Bayh-Dole Act: A Guide to the Law and Implementing … Continue reading
Three Responses to the SPRC post-Stanford v Roche
In the Bayh-Dole Act, a “subject invention” is defined as any invention of the contractor conceived or first actually reduced to practice in the performance of work under a funding agreement… (35 USC 201(e)). A “contractor” is defined as any … Continue reading
Posted in Bayh-Dole, History, Policy, Stanford v Roche
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Digging in New Places, Following Old Patterns
An article in a recent Economist reports that elite craft industries in Italy–fashion and leather goods–are unable to find new workers even though there are jobs available that pay well and youth unemployment is 35%. It seems that youth are … Continue reading
Posted in Freedom, History, Innovation
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