Category Archives: Policy

NIST does not understand the government license in Bayh-Dole

Posted on December 18, 2018 by Gerald Barnett

NIST has issued a draft green paper that consolidates all the fake history, pseudo data as fact, misrepresentations of Bayh-Dole, and misconceived proposals all in one convenient place. I can’t hope to catch everything, but let’s take a look at … Continue reading →

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NIST’s “substantially fueled” premise for unleashing innovation

Posted on December 14, 2018 by Gerald Barnett

Here is a claim from the opening of a recent NIST report–1234–on “Unleashing American Innovation,” a “draft green paper”: The U.S. innovation system is substantially fueled by the discoveries and inventions arising from federally funded R&D at the Nation’s universities, … Continue reading →

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Nine Points to Consider (with regard to AUTM’s licensing survey), 8-9

Posted on December 13, 2018 by Gerald Barnett

We are considering nine points with regard to AUTM’s annual licensing survey. We have got through seven points–not validated and with estimates, duplicate reporting, conflating technology and invention, activity measures giving the illusion of a process at work, no reporting … Continue reading →

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Nine Points to Consider (with regard to AUTM’s licensing survey), 1-7

Posted on December 12, 2018 by Gerald Barnett

The Association of University Technology Managers, a front group for university licensing professionals, conducts an annual survey of the universities that its members work for. The survey asks for various metrics regarding inventions, patenting, licensing, startups, and revenue. The survey … Continue reading →

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Nixon’s Need and Encouragement

Posted on December 3, 2018 by Gerald Barnett

In a series of articles we have dealt with the monopoly meme. The monopoly meme argues that the true purpose of patents is the corporate right to exclude all others from practicing an invention. Without this right of exclusion, so … Continue reading →

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15 USC 2218(d)

Posted on November 23, 2018 by Gerald Barnett

[updated to make clear 15 USC 2218(d) is specific to fire prevention and control legislation] A federal statute passed in 1974 establishes a federal policy with regard to inventions made with federal support–15 USC 2218(d), part of a fire safety … Continue reading →

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“Government” rights in federally supported inventions, 2

Posted on November 21, 2018 by Gerald Barnett

We might ask, then, what happens if a contractor does not acquire ownership of an invention made in the performance of work under a federal funding agreement. The answer is that the Nixon patent policy as revised remains in effect, … Continue reading →

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“Government” rights in federally supported inventions, 1

Posted on November 20, 2018 by Gerald Barnett

Bayh-Dole requires federal agencies to use a patent rights clause that includes a provision under which contractors who obtain ownership of a patentable invention made in the performance of work under a federal funding agreement and elect to retain that … Continue reading →

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What the NIH says about Bayh-Dole, 1

Posted on October 22, 2018 by Gerald Barnett

The NIH has published comments on the NIST changes to the regulations that implement the Bayh-Dole Act and the standard patent rights clause. Jamie Love at Knowledge Ecology International calls out in a tweet a passage in the “Background” section in … Continue reading →

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Patent agreements in Federal Procurement Regulations and Bayh-Dole, 2

Posted on October 18, 2018 by Gerald Barnett

If we return for a moment to O’Connor’s article–it is a great read for what it aims to do, but for O’Connor’s theme of abstract mistaken assumptions rather than providing a specific account of Latker’s lack of drafting ability–there is … Continue reading →

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