Category Archives: Sponsored Research

Research Enterprise Policy Issues: noisy work, quiet work

Posted on April 9, 2019 by Gerald Barnett

Let’s discuss practice around research, invention, and enterprise. Let’s start distinguish quiet work and noisy work. When someone is doing unprovoked research on their own–in the proverbial laboratory (institutional) or garage (unaffiliated, gadgeteer, entrepreneur), their work tends to be quiet. … Continue reading →

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Research, Nonresearch, and CDC Policy 557

Posted on February 25, 2019 by Gerald Barnett

The Centers for Disease Control has a document–Policy 557–that lays out when Institutional Review Board involvement is necessary with regard to distinctions between patient care and the involvement of patients in research. Here’s the basic policy: CDC has an ethical … Continue reading →

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Bush v Kilgore v the Old Order v Now

Posted on February 1, 2019 by Gerald Barnett

In 2005, Nicholas Steneck at the University of Michigan taught a course in the history of science–“Science, Technology and Society–1940 to the Present.” Here’s his lecture outline for the part about federally funded science and engineering during World War 2: … Continue reading →

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NSF’s circumvention of Bayh-Dole in cooperative research centers

Posted on October 25, 2018 by Gerald Barnett

Bayh-Dole positions the “preference” for United States industry as the most important provision of the law, asserting precedence over any other part of Bayh-Dole (see 35 USC 203). Bayh-Dole requires owners of subject inventions to require certain exclusive licensees to … Continue reading →

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Patent agreements in Federal Procurement Regulations and Bayh-Dole, 2

Posted on October 18, 2018 by Gerald Barnett

If we return for a moment to O’Connor’s article–it is a great read for what it aims to do, but for O’Connor’s theme of abstract mistaken assumptions rather than providing a specific account of Latker’s lack of drafting ability–there is … Continue reading →

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Invention, subject invention, and the clever scheme of Bayh-Dole

Posted on October 15, 2018 by Gerald Barnett

Here is the definition of invention in the Kennedy executive branch patent policy, 1963 (Section 4(b)): Invention or Invention or discovery–includes any art, machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety … Continue reading →

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Mapping Bayh-Dole Flow of Control

Posted on July 30, 2018 by Gerald Barnett

I have updated this article from June 24, 2011  in light of the Stanford v Roche decision. In its previous version, the article sets out the idea that a federal agency has a right to claim title to inventions made … Continue reading →

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Only Bayh-Dole and University Research Enterprise, 1

Posted on July 24, 2018 by Gerald Barnett

Let’s talk only Bayh-Dole and university research. Companies didn’t need Bayh-Dole for the most part, since executive branch patent policy allowed federal agencies to permit company contractors to keep inventions made under federal contracts when they acquired those inventions. There … Continue reading →

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Best practices in university invention management, 3

Posted on June 6, 2018 by Gerald Barnett

We are working through ipHandbook’s discussion of best practices in university ownership of inventions. After a clear discussion of invention ownership–inventors own their inventions unless they have agreed to assign them or it is equitable to find that circumstances imply … Continue reading →

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The Basic Policy Question Behind Bayh-Dole

Posted on April 4, 2018 by Gerald Barnett

There’s one simple issue: Should the federal government subsidize with public funding for nonprofit research the creation of patent monopolies? There it is. The answer that has dominated for thirty-five years is “Yes.” How comfortable are you with that? Gut-level? … Continue reading →

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