Category Archives: Policy

Latkerstein’s Monster, 2

Posted on February 5, 2022 by Gerald Barnett

The monopoly meme argument is that no one would have ever received any cisplatin if not for an exclusive license to motivate a big drug company to “develop” the drug as a product. Left out is the idea that the … Continue reading →

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Latkerstein’s Monster, 1

Posted on February 4, 2022 by Gerald Barnett

I ran a Twitter thread on this topic. Here’s more of the same. The Bayh-Dole Coalition describes Bayh-Dole as part of a “delicate balance of the university techtransfer system.” My experience differs. There is no “delicate balance.” Bayh-Dole is a … Continue reading →

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Why the NIH fuss with Moderna over inventorship doesn’t matter, but does

Posted on November 9, 2021 by Gerald Barnett

The New York Times ran a story today that Moderna and the NIH are having a spat over inventorship on a patent application covering aspects of the Moderna mRNA vaccine. The N.I.H. had been in talks with Moderna for more … Continue reading →

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The use of the patent system for federal research results, 13: The failed middle ground

Posted on September 29, 2021 by Gerald Barnett

We’ve looked at the early Federal Security Administration policy on inventions made in federally contracted work–FSA order 110-1, issued in 1952. The government’s policy as set forth in David Lloyd Kreeger’s report for the Attorney General in 1947 was that … Continue reading →

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The use of the patent system for federal research results, 11: Safeguards that don’t guard

Posted on August 18, 2021 by Gerald Barnett

We have been working through Federal Security Agency order 110-1, which in 1952 introduced an agency-wide policy for inventions made in public health research. The core of the policy was to prefer open access for all such inventions, but then … Continue reading →

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The use of the patent system for federal research results, 10: the drivers that eventually produce Bayh-Dole

Posted on August 13, 2021 by Gerald Barnett

There’s the version of the theory of patent rights that asserts that exclusionary practice is at the heart of the value of a patent, and any practice that declines to assert a patent wastes that value. This theory of exclusionary … Continue reading →

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The use of the patent system for federal research results, 8: Exploiting the use of the patent system

Posted on August 5, 2021 by Gerald Barnett

FSA policy 110, the first agency attempt at making a policy to deal with inventions made in federally supported public health research, tries to establish a middle ground for the use of patents. While clearly endorsing open access, including royalty-free … Continue reading →

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The use of the patent system for federal research results, 7: Failure of FSA 110-1 to establish a middle ground

Posted on August 4, 2021 by Gerald Barnett

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 →

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The use of the patent system for federal research results, 6: The seeming middle ground

Posted on August 3, 2021 by Gerald Barnett

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 →

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The use of the patent system for federal research results, 5: Possibilities of patent use

Posted on August 2, 2021 by Gerald Barnett

We are working through and around FSA order 110-1, the first major federal executive branch policy regarding inventions made in federally funded work, issued in 1952. The Supreme Court in its 1933 decision in Dubilier said the it was up … Continue reading →

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