Category Archives: Policy

Five Steps to Restoring an Effective University IP Practice, Step 4

We are working through five steps to getting a university back to an effective IP practice, a practice aligned with academic values and focused on actual technology transfer. The idea of “technology transfer” is bureaucratic in origin. As a concept … Continue reading

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Five Steps to Restoring an Effective University IP Practice, Step 3

We are working through five steps to restoring your university IP practice to something effective and conscionable. The third step involves a fundamental, but again simple, change in policy. Current IP policy at most universities does not address non-exclusive and … Continue reading

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Five Steps to Restoring an Effective University IP Practice, Steps 1 and 2

Over the past couple of years, I have been involved in projects based in the idea of commons for the exchange of research and diagnostic assets. These projects have been blocked or resisted at each point by organizational technology transfer … Continue reading

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Latkerstein’s Monster, 2

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

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

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

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

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

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

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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