Category Archives: IP

Patent litigation: the new public purpose of the American research university

While working on a new Guide to Bayh-Dole (one that COGR has yet to thank me for), I spent some time looking at recent patent infringement litigation initiated by universities.  It’s not a pretty picture. In “Sue U.,” Jacob H. … Continue reading

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University of Utah’s Policy on State Control of Research Results

University patent policies these days typically contain a definition of “invention.”  Often they try to conflate copyright and patent matters and introduce a new definition, such as “discovery” or “intellectual property” in an attempt at administrative convenience.  These new definitions … Continue reading

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10 Issues That May Limit Infringement Claims on Subject Inventions

I have been working on the problem of infringement litigation involving subject inventions under Bayh-Dole. Here is a working summary of Bayh-Dole-related issues that companies being hit by universities with subject invention infringement cases might consider. I am not aware … Continue reading

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Well, if you don’t like these five things, I’ve got others.

Innovation Daily has just published “Five Things Technology Transfer Offices Wish Their Start-ups Knew.” This appears to be based on a presentation the author made at the last AUTM meeting. Perhaps that’s why the piece argues that university IP offices … Continue reading

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Equity Policies and Ownership Policies, Part I

In 1962, the dominant concept addressed in university patent policies was that of “equity” in inventions.  By 2012, fifty years later, equity has largely vanished from these policies, replaced by “ownership.”  In 1962 most universities did not have a patent … Continue reading

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The Hairball Theory of Ownership

Buried in a University of Washington web site on information technology, one encounters this statement: Except as noted by an agreement, a law, or a University policy (such as copyright policy), the UW owns all data and records, and all … Continue reading

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The non-patenting of the first digital computer

In Turing’s Cathedral, George Dyson provides an account of the creation of the first digital computer at the Institute for Advanced Study at Princeton.   John von Neumann, leading the effort, in 1946 came up with a patent policy for the … Continue reading

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The pernicious effect of expansive university claims on intellectual property

Here is a definition of “Intellectual Property” from a university tech transfer office web site: “Intellectual property” encompasses all forms of creativity, such as, inventions, software, discoveries, creative or artistic works, know-how, processes and unique materials. For example, intellectual property … Continue reading

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Universities for Innovation and the Export of Defective Bayh-Dole

In looking at how the American university administrator’s version of Bayh-Dole has been exported to the world, I came across legislation in India that proposes creating a new class of “innovation” universities.  According to a story in the Chronicle of … Continue reading

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University Innovation Bill of Rights

Here are 10 elements for a university innovation Bill of Rights: 1. The university shall make no ownership claims to faculty or student scholarship, including inventions and discoveries, as a condition of employment, use of resources, or participation in sponsored … Continue reading

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