Category Archives: Policy

Penn State’s 1940 Patent Policy

Posted on July 19, 2017 by Gerald Barnett

Penn State University created one of the earliest university patent policies. That policy was revised in 1940. Let’s have a look, and then consider more recent policy statements at Penn State. Like many early university patent policies, Penn State’s policy … Continue reading →

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Key Concept 5: Public Covenant

Posted on July 10, 2017 by Gerald Barnett

A Limitation on a Patent Property  A patent public covenant is a restriction or obligation that runs with a patent property, creating requirements not arising otherwise from federal patent law. The expectation of such a covenant is that the restriction … Continue reading →

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“Protecting” university inventions

Posted on July 9, 2017 by Gerald Barnett

I answered a question on Quora a bit ago: How can I protect my invention after applying for a patent? In the context of the question, my answer has to do with what an individual might do to “protect” an invention. … Continue reading →

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What should the federal government do with patents it issues to itself? Part 4

Posted on July 6, 2017 by Gerald Barnett

The question of who ought to control inventions made by independent investigators is at the root of Bayh-Dole. Without federal funding, such investigators would give up rights in inventions only according to their own interests. They would be free of … Continue reading →

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What should the federal government do with patents it issues to itself? Part 3

Posted on July 5, 2017 by Gerald Barnett

Here is one of the most provocative parts of Vannevar Bush’s Science the Endless Frontier: Science Is a Proper Concern of Government It has been basic United States policy that Government should foster the opening of new frontiers. It opened … Continue reading →

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AAU Fools with Words, 3

Posted on July 4, 2017 by Gerald Barnett

We are working through the AAU fantasy about invention commercialization. In AAU usage,  to “develop” an invention may mean to “suppress” the invention but also may include to design around an invention–as in, invent what is actually needed to create … Continue reading →

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Key Concept 4: Ad Hoc Patent Office

Posted on June 29, 2017 by Gerald Barnett

Ad Hoc Patent Office Institutions create ad hoc patent offices by compelling the assignment of patentable inventions, obtaining patents on those inventions issued to the institution, and then re-issuing the patents as private monopolies. Such ad hoc patent offices forestall … Continue reading →

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Key Concepts 1: Dual Monopoly

Posted on June 26, 2017 by Gerald Barnett

Dual Monopoly A dual monopoly approach to innovation management involves both a comprehensive institutional demand for ownership of inventive work and an institutional determination to convey monopolies in that work for private exploitation. The first monopoly is an institutional one. … Continue reading →

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What should the federal government do with patents it issues to itself? Part 2

Posted on June 25, 2017 by Gerald Barnett

The Bayh-Dole Dissatisfaction with the Patent System According to its advocates, starting with Sen. Bayh, the idea of behind Bayh-Dole was to require federal agencies to pre-assign their ownership interest in invention contract deliverables to university contractors. It’s a clever … Continue reading →

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What should the federal government do with patents it issues to itself? Part 1

Posted on June 24, 2017 by Gerald Barnett

Here is a question: What should the federal government do with patents it issues to itself? Some Context In the 1940s and 1950s, as the United States government contracted for research services associated with the development of weapons systems and … Continue reading →

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