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Category Archives: Policy
Getting at the truth about Bayh-Dole’s impact, Part 4
We are looking in on a student blog post at the Rice University McNair Center for Entrepreneurship and Innovation. The article is useful for reciting in the wild a number of arguments that claim Bayh-Dole has had a positive impact. … Continue reading
Getting at the truth of Bayh-Dole’s impact, Part 3
We are working through a student account of Bayh-Dole posted at a Rice University entrepreneurship center. The post is helpful in repeating commonly accepted claims about Bayh-Dole. Our interest is not so much in arguing the limitations of the post … Continue reading
Getting at the truth about Bayh-Dole’s impact, Part 2
We are working through the opening paragraph of a student’s account of the Bayh-Dole Act. The account creates the opportunity for a discussion about the impact of Bayh-Dole and the strange spin that has become widely accepted about what Bayh-Dole has … Continue reading
Use the government license in Bayh-Dole
According to news reports (here’s where I first read about it–follow the link there to the article in the Baltimore Sun), the state of Maryland is attempting to deal with high drug prices through legislation that gives the state the right … Continue reading
Posted in Bayh-Dole, Freedom, Policy
Tagged Bayh-Dole, government license, march-in, practice and have practiced, Xtandi
Comments Off on Use the government license in Bayh-Dole
Getting at the truth about Bayh-Dole’s impact, Part 1
Last December Catherine Kirby, a student at Rice University, posted “The True Impact of the Bayh-Dole Act” at the McNair Institute for Entrepreneurship and Innovation. Her article got called out in a tweet by Daniel Garisto as an instance of … Continue reading
Posi are not ordinary patents
Here’s a passage from Thomas Kasëberg’s Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US: In this passage Kasëberg lays out the standard argument that there is no working requirement in US patent law. As the Supreme Court … Continue reading
Circumventing Bayh-Dole, Fitt the Fourth
We have been discussing contractor-side practices to circumvent Bayh-Dole. We can finish with yet another: 4) circumvention by regulatory procedure, by which federal agencies may reduce the attraction of contractor-side exploits that don’t end up serving the public interest. Circumvention by Regulatory … Continue reading
Circumventing Bayh-Dole, Fitt the Second
Circumventing Bayh-Dole is easy. University administrators have been circumventing Bayh-Dole since the law became effective in 1981. Consider next 2) circumvention by exploit–to use Bayh-Dole’s limitations to end up with the best deal under Bayh-Dole and avoid public covenant requirements. … Continue reading
Circumventing Bayh-Dole, Fitt the First
Circumventing Bayh-Dole is easy. University administrators have been circumventing Bayh-Dole since the law became effective in 1981. Let’s look at three sorts of circumvention: 1) circumvention for non-compliant convenience–to make Bayh-Dole do even better what people claim Bayh-Dole was intended … Continue reading
What about “recalibrating” Bayh-Dole?
In 2013, Howard Markel published a “perspective” in the New England Journal of Medicine on the Bayh-Dole Act, “Patents, Profits, and the American People–The Bayh-Dole Act of 1980.” In his article, Markel argues that Bayh-Dole should be “recalibrated,” in part … Continue reading