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Category Archives: Patents
The use of the patent system for federal research results, 7: Failure of FSA 110-1 to establish a middle ground
Let’s look more carefully at this second possibility beyond the possibility of open access–and where the “generally” in FSA 110-1 gets triggered to make at an attempted middle ground between always open access and full-on use of patents to exclude … Continue reading
Posted in History, Patents, Policy, Sponsored Research
Tagged 110, bother, excessive, FSA, middle ground, unreasonable
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The use of the patent system for federal research results, 6: The seeming middle ground
While the FSA policy makes what appears to be nice gestures–royalty-free licensing or at least licensing without unreasonable restrictions and without excessive royalties–there’s little here to provide guidance so far. The policy continues, looking at the prong in which the … Continue reading
Posted in Open Source, Patents, Policy
Tagged 110-1, conditional, limited, open access
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The use of the patent system for federal research results, 4: Forman
We are looking slowly at FSA order 110-1, the policy that starts the administrative battle over how federal funding ought to affect company opportunities to profit on matters of public health. The FSA, having insisted that research results should be … Continue reading
Posted in History, Patents, Policy
Tagged 110, Forman, FSA, public interest, reasonable
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The use of the patent system for federal research results, 3: FSA 110-1 and public interest
Federal policy on inventions made in federally supported research starts in a big way with Federal Security Agency Order 110-1, dated December 30, 1952. Norman Latker, patent counsel for the NIH, in 1978 testimony before Senator Nelson’s subcommittee, identified Order … Continue reading
Posted in Commons, History, Innovation, Open Source, Patents, Policy, Sponsored Research
Tagged 110, FSA, public interest
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The use of the patent system for federal research results, 2: Why universities patent
For an account that covers reasonably well the context for universities getting involved in patenting, see Elizabeth Popp Berman’s 2006 paper “Why Do Universities Patent? The Role of the Federal Government in Creating Modern Technology Transfer Practice” (draft here). What … Continue reading
The use of the patent system for federal research results, 1: Dubilier
It starts with Dubilier. In 1933, the Supreme Court decided in Dubilier that federal employees, just because they were employed, did not give up their personal–Constitutional–rights in inventions that they made. Considering the possible differences between private employment and federal … Continue reading
Goodyear and use of a gateway patent to control a big Invention
In Medical Monopoly Joseph Gabriel describes how Charles Goodyear used patents to lock out competitors from using his process for “vulcanizing” rubber without a license. We will use Gabriel’s account to consider alternatives to the prevailing university narrative about how … Continue reading
Posted in Freedom, Innovation, Patents, Policy
Tagged big Invention, Gabriel, gateway, Goodyear
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An odd statement of government interest in a Navy “UFO” patent
Here’s US patent 10322827. One of the “UFO” patents. It’s interesting physics, if not controversial, for being innovative in an institutional world that has made innovation mostly boring. But we are concerned with something else here.
Posted in Innovation, Patents
Tagged government interest, secrecy, ufo
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Madison on the patent clause–and Young Frankenstein
James Madison, writing in the Federalist (43), discusses the Constitution’s patent clause. The discussion is brief, so here it is, with comments: A power “to promote the progress of science and useful arts, by securing, for a limited time, to … Continue reading
Posted in History, Patents
Tagged abby normal, invention, Madison, patent system
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Administrative lupus
I while ago I wrote an article on some suggestions for changing Bayh-Dole. The first suggestion was to add a research “exemption.” The authors–one a former senior university patent administrator from a very big university–were well meaning, and perhaps there … Continue reading
Posted in Bayh-Dole, Patents, Technology Transfer
Tagged Bayh-Dole, lupus, Madey v Duke, monopoly meme
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