Search the RE article base
Contact Information
Twitter
My TweetsUseful Web Sites
Category Archives: Policy
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
Patents, Medicines, Public Funding–1
Let’s look at four areas of health “technology”: preventions, cures, facilitators, and alleviators. A prevention does just that–prevents an adverse health condition. A vaccine, for instance, prevents a disease (for many, and sometimes with adverse reactions, even deaths). Or, regular … Continue reading
Posted in Innovation, Policy
Tagged alleviator, CF, cure, facilitator, prevention
Comments Off on Patents, Medicines, Public Funding–1
Research Enterprise Policy Issues: fragmentation of noisy research
We have looked at noisy research and quiet research. Policy folks don’t much care, but it appears to make a difference whether research is conducted quietly or noisily. In quiet research, variations are explored, applications considered, data assembled, evidence checked … Continue reading
Posted in Commons, Innovation, Policy
Tagged commercialization, federal funding, fragmentation, noisy research
Comments Off on Research Enterprise Policy Issues: fragmentation of noisy research
Bayh-Dole’s patent law policy on patent property rights, 2
We are working through Bayh-Dole’s statement of policy at 35 USC 200 on the premise that this statement of policy, a part of patent law, has a material effect on the patent property rights of all inventions within the scope … Continue reading
Bayh-Dole’s patent law policy on patent property rights, 1
Bayh-Dole, part of federal patent law, starts with a statement of “Policy and Objective” at 35 USC 200. Usually, commentators treat this bit as “preamble” or “a restatement of legislative intent” or, bluntly, inoperative fluff. The commentators are wrong. 35 … Continue reading
Fantasy depictions of technology transfer, 3
Despite all this discussion of university fantasy depictions of a technology transfer process, their invocation of the Bayh-Dole Act as their justification, and the reality that actual practice is nowhere like their depictions of process, success, or history, there are … Continue reading
Posted in Bayh-Dole, Innovation, Policy
Tagged 35 USC 287, ants, Bayh-Dole, Dean Baker, repeal
Comments Off on Fantasy depictions of technology transfer, 3
Fantasy depictions of technology transfer, 2
The standard accounts of the “technology transfer process” seem so clear and plausible that you may well believe they are generally accurate, even if there might be “technical details” that they gloss over. But these standard accounts are largely, almost … Continue reading
Posted in Bayh-Dole, Innovation, Policy
Tagged AUTM, commercialization, counterfactual, process, technology transfer
Comments Off on Fantasy depictions of technology transfer, 2
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