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Category Archives: History
A sense of proportion–2
University administrators have engaged in a thirty-year effort of research invention management that creates patent gridlock for what amounts to a tiny bit of the overall inventive activity in the country. That’s the black border area on this nice blue … Continue reading
Posted in Fun, History, Policy, Sponsored Research
Tagged block fest, invention, IPA, patent, Research Corporation, WARF
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A sense of proportion–1
“If life is going to exist in a universe this size, the one thing it cannot afford to have is a sense of proportion.” —Douglas Adams, Hitchhikers Guide to the Galaxy In the Bayh-Dole era–1981 to the present–the US Patent … Continue reading
Posted in Fun, History, Social Science
Tagged gridlock, patents
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Bayh-Dole Basics, 8: Reasonable Terms Comments-7
Now let’s look at Bayh-Dole’s treatment of march-in (35 USC 203(a)) and “reasonable terms”: . . . the Federal agency . . . shall have the right . . . to require the contractor . . . to grant a … Continue reading
Posted in Bayh-Dole, History, Policy
Tagged Bayh-Dole, march-in, public health, reasonably satisfied
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Bayh-Dole Basics, 8: Reasonable Terms Comments-6
Now let’s look at the transmogrification of the definition of practical application from Kennedy to Bayh-Dole. In doing so, we also will see how the usage of “reasonable terms” arises, along with Bayh-Dole’s introduction of “reasonably satisfies.” This gets detailed. … Continue reading
Posted in Bayh-Dole, History, Policy
Tagged Bayh-Dole, FRAND, Kennedy patent policy, reasonable
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Bayh-Dole Basics, 8: Reasonable Terms Comments-5
We are working through the prior federal regulations in an effort to understand the “reasonable terms” requirement in Bayh-Dole’s 35 USC 203(a)(1) march-in condition. In the Kennedy executive branch patent policy, contractors had two primary routes to retain ownership of … Continue reading
Bayh-Dole Basics, 8: Reasonable Terms Comments-4
We are working through the details of prior treatments of what becomes “reasonable terms” in Bayh-Dole’s definition of “practical application.” This definition in turn becomes the threshold for federal agency march-in under 35 USC 203(a)(1)–the first of the four march-in … Continue reading
Bayh-Dole Basics, 8: Reasonable Terms Comments-3
We are working through the NIH’s Institutional Patent Agreement master template to establish the context for Bayh-Dole’s use of “reasonable terms” in its definition of practical application, which in turn establishes the march-in threshold for 35 USC 203(a)(1), one of … Continue reading
Bayh-Dole Basics, 8: Reasonable Terms Comments-1
This will be longish. It’s a document of the details. In a world where people spout TL;DR for most any issue of substance, and want a sound bite to gulp instead, this ain’t it. Perhaps we can get all brief … Continue reading
Posted in Bayh-Dole, History
Tagged Bayh-Dole, Kennedy patent policy, march-in
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Invention Option Theory and Bayh-Dole Crock Work
At one point, many years ago, I thought Bayh-Dole was totally clever. I was very wrong, but here’s how I thought Bayh-Dole worked. The federal government had a general claim under federal law to own any invention made under federal … Continue reading
Posted in Agreements, Bayh-Dole, History
Tagged Bayh-Dole, blueberries, crock, elect, IPA, option
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The FPR criteria for invention ownership–2
We are talking the proposed goals for federal policy on the disposition of inventions made in projects worthy of federal support, circa 1973, by way of a Department of Commerce committee report. The report recommended as goals for deciding ownership … Continue reading