Category Archives: Policy

Finding the True Intent

Posted on January 25, 2013 by Gerald Barnett

I have been mulling over this sequence of statements from the court in the case of Shaw v. The Regents of the University of California: The true intent of a contracting party is irrelevant if it remains unexpressed. When a … Continue reading →

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Five Questions That Shape Federal Research Invention Ownership Policy

Posted on January 23, 2013 by Gerald Barnett

In the industry research laboratories of the early 20th century, the question was, which comes first, basic research leading to new scientific knowledge, followed by development efforts to create commercial products? or development efforts to create commercial products, which, when … Continue reading →

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The Lens of the (faux) Bayh-Dole Act

Posted on January 18, 2013 by Gerald Barnett

I continue to be amazed at the persistence of the faux Bayh-Dole crowd. Like something out of The Road Warrior, they keep coming back to wreak havoc. Despite the text of the law, the Supreme Court ruling in Stanford v … Continue reading →

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Universities for Innovation and the Export of Defective Bayh-Dole

Posted on January 6, 2013 by Gerald Barnett

In looking at how the American university administrator’s version of Bayh-Dole has been exported to the world, I came across legislation in India that proposes creating a new class of “innovation” universities.  According to a story in the Chronicle of … Continue reading →

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Undoing the Research Myth in the Linear Model

Posted on January 3, 2013 by Gerald Barnett

Joe Lane and Benoît Godin are out with another paper that follows up on their Science Progress discussion. In their new paper, they argue that innovation arises along three related areas of activity–scientific research, engineering development, and production. Each of … Continue reading →

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12 Responses to Compulsory Invention Policies at Public Universities

Posted on December 27, 2012 by Gerald Barnett

Here are twelve arguments that push back on public university claims to ownership of faculty-made inventions. 1. State control of scholarship.  So much for academic freedom. 2. Eminent domain.  Taking private property without just compensation for public universities. 3. Not … Continue reading →

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Maybe Some University Patent Policies Are So Bad They Are Simply Void

Posted on December 20, 2012 by Gerald Barnett

The University of Washington and University of California patent policies are rather strange.  Both have been interpreted by the university administrations as requiring assignment of any and all inventions faculty make, whether in their labs, offices, showers, on sabbatical, or … Continue reading →

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University Innovation Bill of Rights

Posted on December 19, 2012 by Gerald Barnett

Here are 10 elements for a university innovation Bill of Rights: 1. The university shall make no ownership claims to faculty or student scholarship, including inventions and discoveries, as a condition of employment, use of resources, or participation in sponsored … Continue reading →

Posted in Freedom, Innovation, IP, Policy, Technology Transfer | 1 Comment

State-mandated rainbow chasing

Posted on December 19, 2012 by Gerald Barnett

A Bill of Rights strategy is about limiting the claims of government and institutions in favor of personal freedoms.  By contrast, a Geneva Conventions strategy is about being decent to captives once they have become captive.  Most everything about improving … Continue reading →

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University patent policies as covert non-compete covenants

Posted on December 18, 2012 by Gerald Barnett

I have been looking at laws regarding non-compete covenants.  A non-compete agreement aims to prevent a worker from accepting other work that would compete with his or her employer or business partner.  In employment situations, this might include non-solicitation of … Continue reading →

Posted in Agreements, Freedom, IP, Policy | 1 Comment