Category Archives: IP

Exclusive licensing in Bayh-Dole, Part 1: Licenses and Assignments

Posted on December 19, 2016 by Gerald Barnett

Here is what Bayh-Dole says about exclusive licenses: Notwithstanding any other provision of this chapter, no small business firm or nonprofit organization which receives title to any subject invention and no assignee of any such small business firm or nonprofit … Continue reading →

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Things universities can do with patents

Posted on October 6, 2016 by Gerald Barnett

A patent has many uses.  A patent can be used to: exclude others from using an invention the patent owner is using prevent others from using an invention the patent owner is not using extract payments from users or companies wanting to market products … Continue reading →

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Choose Your Open Source License

Posted on September 16, 2016 by Gerald Barnett

There’s a useful guide at GitHub for choosing an open source license. The guide presents a developer with three distinct options: These capture three common, primary concerns that show up once one has made the decision to be open with … Continue reading →

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Covenants, Public Good, and Money

Posted on July 19, 2016 by Gerald Barnett

I’ve covered a great deal of ground in the last few articles. I’ll summarize and vent here. Universities impose conditions on the use of the patents they acquire, and these conditions form covenants that run with the patents for the … Continue reading →

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What universities can and can’t do with their patents

Posted on July 18, 2016 by Gerald Barnett

We started an investigation into university IP practice with this question: Should university management of patents be any different from any other owner of patents? The answer we found is “yes.” University patents not only should be different–they clearly are … Continue reading →

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University Patent Practice: Share

Posted on July 16, 2016 by Gerald Barnett

Here are five ways to use a patent: Nonuse     Don’t practice the claimed invention and exclude all others Troll          Don’t practice, demand payment if others practice the claimed invention Flip           Don’t practice, and exclusively … Continue reading →

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University Patent Practice: Practice

Posted on July 15, 2016 by Gerald Barnett

Here are five ways to use a patent: Nonuse     Don’t practice the claimed invention and exclude all others Troll          Don’t practice, demand payment if others practice the claimed invention Flip           Don’t practice, and exclusively … Continue reading →

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University Patent Practice: Flip

Posted on July 14, 2016 by Gerald Barnett

Here are five ways to use a patent: Nonuse     Don’t practice the claimed invention and exclude all others Troll          Don’t practice, demand payment if others practice the claimed invention Flip           Don’t practice, and exclusively … Continue reading →

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University Patent Practice: Troll

Posted on July 13, 2016 by Gerald Barnett

Here are five ways to use a patent: Nonuse     Don’t practice the claimed invention and exclude all others Troll          Don’t practice, demand payment if others practice the claimed invention Flip           Don’t practice, and exclusively … Continue reading →

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University Patent Practice: Nonuse

Posted on July 12, 2016 by Gerald Barnett

Here are five ways to use a patent: Nonuse     Don’t practice the claimed invention and exclude all others Troll          Don’t practice, demand payment if others practice the claimed invention Flip           Don’t practice, and exclusively … Continue reading →

Posted in IP, Policy | 1 Comment