Category Archives: Policy

Apply This 1% Solution to the Affected Areas…

UCSF has produced a short PowerPoint presentation [since removed] that lays out their rationale for changing their policy from a “promise to assign” to a “present assignment.”   You can flip through the slides in a few seconds. Standard story. Stanford … Continue reading

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Sample language for my UC friends

I worked for six years in the University of California system, dealing with IP and research contracts.   Given the current changes to patent policy being sent out to policy under the “the Supreme Court made us change policy, but this … Continue reading

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Shrewdly administered business enterprises

The article I discussed in the previous post makes a pitch for federal policy to make revenue generation an objective of Bayh-Dole, and then worries that pitch.  Where the article is spot on is the need for accountability.  The authors … Continue reading

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Recombinant Bayh-Dole

Here’s an opening to an article on the Axel patents at Columbia (my emphasis). The Bayh-Dole Act of 1980 gave federally funded grantees and contractors, including universities, a clear and uniform mandate to patent and license inventions stemming from federally … Continue reading

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CU’s a-Mazing IP Policy

In the University of Colorado’s IP policy we have a simple gesture that turns into a definitional and drafting maze.  The simple gesture is, “In an effort to make money licensing patent rights, the university requires the assignment of patentable … Continue reading

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Evaluating university claims of invention ownership

I am working through this idea that an invention is owned by a university merely as the result of work within the scope of employment or through the use of university facilities (and resources and funding and whatever–class 3 unknown). … Continue reading

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An Exclusive Enjoyment

This case (US v Dubilier Condenser) from 1933 makes an interesting point regarding the idea of a patent as a “monopoly” (citations removed, my bold): Though often so characterized a patent is not, accurately speaking, a monopoly, for it is … Continue reading

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All your works are belong to USC

Here’s one for you, from the University of Southern California Intellectual Property Policy.  See if you can figure out what’s wrong untrue with this statement: Both California and federal law provide that the University owns all intellectual property created or … Continue reading

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Present Assignment ADD at UC

The University of California has present assignment language in its “Patent Acknowledgment“: I acknowledge my obligation to assign, and do hereby assign, inventions and patents that I conceive or develop within the course and scope of my University employment while … Continue reading

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Drafting the Unknown

As I’m reading through university IP policies, I’ve begun to notice how those drafting the policies are grappling with the unknown. There are a number of unknowns–many policies don’t evidence that the drafters know IP, and others work hard to … Continue reading

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