Category Archives: Present Assignment

Nolo Can’t Get Either Bayh-Dole or Stanford v Roche Right

I have always liked Nolo Press publications. They are usually well written, easy to read, and affordable. But here’s a bit from Nolo’s “Legal Encyclopedia” doing a number on Bayh-Dole–and this is after Stanford v Roche, because they manage to … Continue reading

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University Invention Fascism

Back in the day, “totalitarian” had a meaning more akin to “holistic”–the state should take care of each of its citizens.  But nice gestures are often vectors for dangerous pathogens.  Universities have adopted a similar set of claims with their … Continue reading

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Where have you gone, Curt Flood?

It should be clear by now:  universities have no basis to compel assignment of faculty intellectual property.  The basis for faculty assignment of IP is voluntary agreement–either at employment because a faculty member is expressly hired to invent something, or … Continue reading

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University Patent Claim Gridlock

Robert Cook-Deegan drew my attention to an essay by Josh Weitz at The Tree of Life blog.  Weitz discusses his adventures with colliding claims for ownership of future inventions between two universities.  It is well worth the read.  Weitz makes a … Continue reading

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Unpacking the Code of Silence

Inside Higher Education has run a story on the AAUP Freedom to Innovate initiative, quoting a number of people who think it’s a good idea.  And it is!  But there is one person who thinks compulsory university ownership of faculty … Continue reading

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University Patent Policies, Past and Present, Part II

The first part of this essay showed some of the diversity of mid-century university patent policies. There were a number of approaches, from discouraging patenting to embracing it, from university direct control to the use of external agents. Almost all … Continue reading

Posted in Bayh-Dole, History, Policy, Present Assignment, Technology Transfer | 1 Comment

University of Utah’s Policy on State Control of Research Results

University patent policies these days typically contain a definition of “invention.”  Often they try to conflate copyright and patent matters and introduce a new definition, such as “discovery” or “intellectual property” in an attempt at administrative convenience.  These new definitions … Continue reading

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Compulsion, Fifth Amendment Taking, and SPRC (f)(2)

Given the apparent intention of certain advocates for Bayh-Dole that the purpose of the law should be that universities come to own faculty inventions made with federal support, thereby effectively cutting off Research Corporation and other independent invention management agents … Continue reading

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Present Assignment Shakedown

That’s a nice invention ya got there, Prof.  Pity if something were to happen to it. Using a present assignment would not have saved Stanford’s position in Stanford v Roche.  There are too many other circumstances that work against Stanford.  … Continue reading

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The Distribution of the SPRC and the Government's Interest in Inventions

The (f)(2) provision in the standard patent rights clause authorized by Bayh-Dole makes everything happen.  It is the key to understanding how agency procurement of patent rights works.  It gets at how a federal agency, through a funding agreement, by … Continue reading

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