Category Archives: Policy

Banging Our Hearts Against the Wall

Now that an arguably effective national infrastructure for dealing with inventions made by university faculty has been systematically dismantled over three decades in favor of institutionally self-serving patent administration, it is difficult to see a road back to pre-Bayh-Dole management. … Continue reading

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University Invention Management Policy Drift

In the olden days, when at least this part of the university world had not become captivated by a misrepresented Bayh-Dole Act, faculty were often expected to negotiate the IP provisions of sponsored research agreements, which often took on the … Continue reading

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The University of Michigan Mess of an Old Patent Policy, Part IV

In a series of three articles (here, here, and here), I showed how the University of Michigan intellectual property policy apparatus managed–or didn’t manage–patents and copyrights. One problem is Regents Bylaw 3.10. The Bylaw sets out conditions under which it is … Continue reading

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The University of Michigan’s Mess of a Copyright Policy, Part III

Part I of this series looked at the University of Michigan 1944 patent policy and its transmogrified afterlife as Regents Bylaw 3.10, and the strange Supplemental Appointment Information invention present assignment document that claims to derive from Bylaw 3.10. Part … Continue reading

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The University of Michigan’s Mess of a Technology Transfer Policy, Part II

In Part I of this series, we looked at the University of Michigan patent policy from 1944, which was still in effect in 1962, its unsettled relationship to the Board of Regents Bylaw 3.10, and a present assignment form last … Continue reading

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Five Motivators of University Patent Policy Madness

University patent policies are not what they seem, and are shaped by the exploitation of ideas that have nothing to do with inventiveness, creativity, entrepreneurship, public use, commercial development, investment, economic vitality, public welfare, or even university mission. All these … Continue reading

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The rise of “employee” as a means to pervert university IP policy

We live in a society dominated by the public stock corporation and the manner in which it engages work. It has only been since the late 19th century that the public stock corporation has come to have this role, though … Continue reading

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The University of Michigan’s Mess of a Present Assignment, Part I

In reviewing university IP policies, I came upon the following Form HR36100 at the University of Michigan titled “Supplemental Appointment Information.” After a section in which the appointee provides name and social security number, we have this: It is apparent that university … Continue reading

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Four Approaches to University Patent Policies

Policy For the last couple of weeks I have been considering the nature of university patent policies. I have looked at a number of university patent policies and written a number of drafts. Things get complicated quickly, but there appears … Continue reading

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Do what you have promised to do: Further consequences of (f)(2)

[Updated with a discussion of NIST’s May 2018 rule change] The (f)(2) requirement in the standard patent rights clause authorized by the Bayh-Dole Act is a requirement for the host university to delegate, to flow down, to subcontract a portion … Continue reading

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