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Category Archives: History
The monopoly meme, 5
Now let’s turn to the Bayh-Dole Act and see how it works with the monopoly meme. Short form, if you don’t want to bother, is that Bayh-Dole doesn’t follow the monopoly meme in its gestures, but because these gestures never … Continue reading
The monopoly meme, 4
We are nearing the end of examining Howard Bremer’s Senate subcommittee testimony from 1979 on a bill that was remarkably like Bayh-Dole. Bremer’s testimony is useful in helping us get at the rhetorical effect of the monopoly meme–that without a … Continue reading
The monopoly meme, 3
We are working through Howard Bremer’s testimony before a Senate subcommittee with regard to a bill remarkably like what would become Bayh-Dole. The point is to explore how the monopoly meme works in practice. Bremer gives nine principles that ought … Continue reading
The monopoly meme, 2
To get at the rhetorical workings of the monopoly meme, we are working our way through Howard Bremer’s testimony before a Senate subcommittee discussing S. 1215, an alternative bill to Bayh-Dole that was being considered after S. 414 had failed … Continue reading
Federally supported inventions and public trusts
In 1933, the Supreme Court considered a claim by the United States that two employees of the National Bureau of Standards must give up a patent they had obtained on improvements to radio technology (United States v Dubilier Condenser Corp). … Continue reading
Bayh-Dole’s preemption of public purposes to re-establish a patent monopoly pipeline
I wrote a Twitter thread in retweeting this observation. Erin (Eeks) Stair @DrErinkate Don’t forget about Bayh-Dole, passed in the 80s, which enabled the #NIH to use our tax dollars to fund drug research at institutions & businesses; allow them … Continue reading
Only Bayh-Dole and University Research Enterprise, 3
We are working through Bayh-Dole without the cover of the political bluffery that permitted Bayh-Dole to become national policy. Without the bluffery, Bayh-Dole addresses the same situation addressed previously by the IPA program, which in turn took up the Harbridge … Continue reading
Posted in Bayh-Dole, Bozonet, History
Tagged (f)(2), 18 USC 242, 37 CFR 401.9, Bayh-Dole, scam, sucks
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Only Bayh-Dole and University Research Enterprise, 2
We have worked through the claim that Bayh-Dole created a “uniform” federal policy with regard to inventions made in federally supported research or development. Bayh-Dole creates an arbitrary default for federal policy that applies only when a contractor acquires ownership … Continue reading
Posted in Bayh-Dole, History
Tagged Bayh-Dole, collaboration, invention, universities
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The dogs in the manger, 2
We are working through some testimony from 1979 by a federal patent attorney, R. Tenney Johnson, before a Senate subcommittee considering a federal government invention policy bill that was a rival to Bayh-Dole (and strikingly similar, and didn’t pass). Johnson … Continue reading
Posted in Bayh-Dole, Bozonet, History
Tagged Bayh-Dole, development, dogs, inventions, Johnson, patents
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Bayh-Dole Up Your Counsel, 1
A lawyer staffing service and web site, UpCounsel, has a friendly page that offers “everything you need to know” about the Bayh-Dole Act. They promise you can learn what you need with an “11 min read.” I think it’s something … Continue reading