Category Archives: Policy

Say so long to your abusive patent policy

Let’s be blunt. The compulsory, comprehensive, portfolio approach to university invention management is a disaster. It has a rate of 0.1% to 0.5% producing new products. It is 100x less effective than the approach it displaced. When you try to … Continue reading

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Change state law

Restoring voluntary assignment for university inventors is the first step in reconditioning university invention management–and putting that management on a road of development consistent with university mores and roles. Voluntary assignment can be accomplished a number of ways. I will … Continue reading

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Common bits of faux Bayh-Dole bullshit

Faux Bayh-Dole has been de facto federal research innovation policy now for thirty-five years. The real Bayh-Dole is sketchy enough, but the faux version is downright vile. Here are some “truths” of faux Bayh-Dole that are, in reality, simply not true. We … Continue reading

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The Public Research Patent Covenant–Narrative Version

The Institutional Patent Agreement approach to patent rights arising from federally supported research carried with it what we may call a public covenant, a set of conditions that run with each patent on a subject invention that place limits on … Continue reading

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The IPA Public Covenant

[revised to add a discussion of Kennedy’s patent policy statement and distinguish it from COGR’s account of it; added an account of the various federal agency approaches to ownership of inventions] Advocates for Bayh-Dole practice odd forms of historical revisionism. … Continue reading

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They just can’t kill the beast

After the Supreme Court ruled in Stanford v Roche, Joe Allen and Howard Bremer wrote an article (“After Stanford v Roche: Bayh-Dole Still Stands“) in which they asserted that they had argued against the idea that Bayh-Dole vested with contractors … Continue reading

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Bayh-Dole, the franken-sausage god

The full title is: Bayh-Dole, the franken-sausage god that destroyed private initiative and the federal research commons, eliminated subvention from university research policy and failed to create a public covenant to use research inventions to develop new products and create new industries … Continue reading

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Senator Bayh’s inventor-loathing faux Bayh-Dole Act

There has been plenty written about the practice lesson taught by the Supreme Court decision in Stanford v Roche. I’m dismayed how much of it shows no evidence of an awareness of the facts of the case and the primary … Continue reading

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Vannevar Bush’s seductive lie

At The New Atlantis, Dan Sarewitz has published an interesting article, “Saving Science.” While there’s plenty to discuss regarding his major theme, that scientists “must come out of the lab into the real world,” here I’d like to deal with a … Continue reading

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University of California’s Office of the President self-servingly misrepresents Bayh-Dole

[TL;DR UC gets Bayh-Dole wrong, ignores the Stanford v Roche decision, makes it appear that UC has a right to take title to inventions, when it doesn’t. UC denies inventors their rights to invention under the color of law, a … Continue reading

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