Category Archives: Present Assignment

The Dumbest Possible Model

Posted on April 18, 2012 by Gerald Barnett

It’s hard to describe how devastating the Stanford v Roche decision is to autocracy-minded university bureaucrats.  They claimed Bayh-Dole requires university ownership. So they instituted policies that require university ownership, “to comply with Bayh-Dole”. Then they argued in Stanford v Roche … Continue reading →

Posted in Bayh-Dole, Bozonet, Commons, Policy, Present Assignment, Sponsored Research, Stanford v Roche, Technology Transfer | 1 Comment

How Bayh-Dole was used to expand university IP claims

Posted on April 16, 2012 by Gerald Barnett

I’ve put together a graphic that shows a cascade of possible places where a university and faculty might consider the matter of ownership of inventions and works of authorship. I’ve arranged things into various rows, each with a corresponding letter … Continue reading →

Posted in Bayh-Dole, History, Policy, Present Assignment, Stanford v Roche, Technology Transfer | Comments Off on How Bayh-Dole was used to expand university IP claims

A present assignment wouldn’t have saved Stanford claim

Posted on April 13, 2012 by Gerald Barnett

Since the topic keeps coming up, let’s look again at Stanford v Roche.   The standard analysis is that the case teaches universities that they have to make their invention assignment agreements “tighter”.  The argument goes, in Stanford v Roche a … Continue reading →

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Mapping Invention Portfolio Expectations

Posted on March 9, 2012 by Gerald Barnett

What is the shape of the unknown?  One might think, well, if it’s unknown, then how can we know?  And yet we work with the unknown all the time.  In this series of essays, a lot of my work has … Continue reading →

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Recycling Losing Arguments as Policy Intent

Posted on February 20, 2012 by Gerald Barnett

In a recent essay on the Stanford v Roche decision, Sean O’Connor gives a fascinating perspective on the push by the University of California to impose a present assignment obligation on faculty.  I could not figure how they could rationalize … Continue reading →

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Present Assignment Agreements, the Coming Nightmare for University IP Practice

Posted on February 19, 2012 by Gerald Barnett

This turned out to be a longish essay for a blog environment. It’s not for everyone. It puts together arguments against the idea that present assignments somehow address the Stanford v Roche situation, or situations like it, or are otherwise … Continue reading →

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Why an Innovation Bill of Rights, and not Better Bureaukleptic University Policy?

Posted on February 19, 2012 by Gerald Barnett

I’m looking at a new article on Stanford v Roche that ends with the assurance that universities can use present assignments and doing so will “fix” their ownership problem.  Before getting into the article, I want to emphasize that this … Continue reading →

Posted in Innovation, IP, Policy, Present Assignment, Technology Transfer | Comments Off on Why an Innovation Bill of Rights, and not Better Bureaukleptic University Policy?

Texas wants you anyway

Posted on February 18, 2012 by Gerald Barnett

The University of Texas has a fine statement of ownership in its policy (Rule 90101, Section 2). The Board of Regents automatically owns the intellectual property created by individuals subject to this Rule that is described in Sections 3, 5, … Continue reading →

Posted in Policy, Present Assignment | 1 Comment

Is the UC present assignment even legal?

Posted on February 16, 2012 by Gerald Barnett

The move by the University of California to present assignments of future inventions plays havoc to existing policy and creates rather than limits “title uncertainty”.   Among the bits of havoc is the elimination of the review step prior to … Continue reading →

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"Present licensing" under Bayh-Dole

Posted on February 13, 2012 by Gerald Barnett

One of the benefits of reading carefully is discovering how a well constructed text makes sense of complex situations.  The implementing regulations for Bayh-Dole are one such text.  It is really something to take the mish-mash that is 35 USC … Continue reading →

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