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Category Archives: Present Assignment
How (f)(2) saves Bayh-Dole, the "worst bill I've seen in my life"
At the end of the majority decision in Stanford v Roche, the Supreme Court pauses to chide the universities that have come whining to it for federal power to strip inventors of their rights, all for, apparently, administrative convenience: Though … Continue reading
Posted in Bayh-Dole, Freedom, Present Assignment, Stanford v Roche, Technology Transfer
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The (f)(2) agreement that your university must require you to sign
[Updated for the 2018 NIST regulatory revisions.] If you are working on a grant at a university, and the grant is from the US Government, and your university has accepted a standard patent rights clause in the form of 37 … Continue reading
Posted in Agreements, Bayh-Dole, Policy, Present Assignment, Sponsored Research
Tagged 401.14, 401.9, Bayh-Dole, funding agreement, subject invention
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(f)(2), The Soul of Bayh-Dole
[Updated May 2018 to deal with the NIST screwballedness.] At the heart of the Bayh-Dole Act is the disposition of ownership in inventions made with federal funding at universities. That disposition is intended to provide benefits to the public through … Continue reading
Posted in Bayh-Dole, Policy, Present Assignment
Tagged (f)(2), Bayh-Dole, soul, written agreement
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Finding the True Intent
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
Posted in Bayh-Dole, Policy, Present Assignment
Tagged assignment, invention, policy, Shaw v University of California
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Maybe Some University Patent Policies Are So Bad They Are Simply Void
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
Posted in Freedom, Policy, Present Assignment
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Three Innovation Propositions of the Moloch-State
As American public universities ramp up their claims to own faculty inventions, software, works of authorship, and even know-how, all in the name of profit-seeking from “commercialization”–by which they mean something along the lines of “making money when speculative monopolists … Continue reading
A bureaucrat’s thumb in every hopeful innovation pie
Advocates of the “faux” Bayh-Dole make the claim that the inspired part of the Act is that it gives ownership of faculty inventive work supported by federal funds to university bureaucrats for their fun and profit. I know, I’ve skipped … Continue reading
Posted in Agreements, Bayh-Dole, Policy, Present Assignment, Stanford v Roche
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The Most Wonderful Thing in the World
Here is a collection of clips from ten US research university IP policies. The focus is on claims of ownership, not considering any of a number of other matters, such as royalty sharing schedules or the conditions on which property … Continue reading
Posted in Policy, Present Assignment
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We could use better guidance on Bayh-Dole
I like how Eric Guttag goes after legal ideas. I appreciate the way he digs into things, and his willingness to acknowledge when he needs to change his point of view. Some time ago, he posted an excellent discussion of … Continue reading
Posted in Bayh-Dole, Present Assignment, Stanford v Roche
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The BioBrick BPA and Group Dynamics
The BioBricks Foundation supports a repository of “parts” for use in synthetic biology. It has implemented an interesting two-part arrangement called the BioBrick Public Agreement or BPA. This agreement aims to manage the interests of contributors and users of the … Continue reading
Posted in Agreements, Commons, Policy, Present Assignment, Technology Transfer
Tagged BioBricks, open strategies, Rosetta Commons
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