Category Archives: Policy

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

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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

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Funnel vision and university default exclusive licensing

Much of the current, dominant narrative about patents at universities depends on looking isolating single inventions at a single institution with a single profile for use. “Inventions,” so this narrative go, will not be used or developed unless for each … Continue reading

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Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk, 3

Norman Latker, formerly patent counsel at the NIH and chief architect of Bayh-Dole and its extension by Presidential memorandum to all federal contracting, argues that if federal inventions are not privately owned and exploited for their exclusionary and financial value, … Continue reading

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Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk, 2

Let’s return to Norman Latker’s talk from 1984, “Federal Initiatives for Innovation.” Keep in mind, Latker drafted the IPA master agreement, the Bayh-Dole Act, Reagan’s 1983 memorandum that displaced the Kennedy and Nixon patent policies, the 1984 amendments to Bayh-Dole … Continue reading

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Senator Nelson on the problem of “public interest” in federal patent policy, 2

The federal public policy for inventions made in federally funded work then becomes “whatever the contractor that hosts the work chooses to do, so long as the contractor files a patent application.” In Bayh-Dole, there’s no federal review of a … Continue reading

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Senator Nelson on the problem of “public interest” in federal patent policy, 1

The “public interest” plays an important role in federal invention policy. In 1963, President Kennedy announced a policy that permitted nonprofit organizations to request to retain title to inventions made in federally funded work, providing that Where the commercial interests … Continue reading

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The Faculty Stack, 4: Frontiers Science and Other Science

We are working toward the faculty stack. To get there, however, we need context. We started with Vannevar Bush’s problem–how to connect federal resources to the free play of free intellects to expand the frontiers of science. The new awareness … Continue reading

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The faculty stack, 2: Basic Research and IP Policy

The idea I will pursue here is that university faculty represent a distinct and important kind of discoverer–researcher, investigator, noodler, gadgeteer, irrelevanteur, loon. Our search for what we cannot imagine depends in having at least some really capable folks out … Continue reading

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The faculty stack, 1: Academic Freedom and IP Policy

[The aim is to get to the next article, but I found myself writing this one first. How it goes. Purdue is the ground zero for what has become the Bayh in Bayh-Dole, so we may as well. Purdue has … Continue reading

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