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Category Archives: Sponsored Research
The IPA and Wisconsin’s 1969 Patent Policy, 4
This article starts here: The IPA and Wisconsin’s 1969 Patent Policy, 1 One might see how, if university administrators believe that they have become, for invention purposes, the federal sponsor of the research, that they could also come to believe … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research
Tagged Bayh-Dole, deliverables, institutional conflict of interest, IPA, Kennedy, patent agreement, patent policy, posi, presumption, WARF, Wisconsin
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The IPA and Wisconsin’s 1969 Patent Policy, 3
This article starts here: The IPA and Wisconsin’s 1969 Patent Policy, 1 In most cases, a principal investigator will know immediately whether an invention or discovery is within scope of a well drafted research agreement–is this invention something that was … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research
Tagged Bayh-Dole, IPA, private risk capital, WARF
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The IPA and Wisconsin’s 1969 Patent Policy, 2
This article starts here: The IPA and Wisconsin’s 1969 Patent Policy, 1 In the new 1969 Wisconsin patent policy, we encounter a corporate agent and the passive voice: “it has become necessary for the University to scrutinize with care the … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research
Tagged disclosure, institutional patent agreement, invention, IPA, Kennedy, WARF, Wisconsin
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The IPA and Wisconsin’s 1969 Patent Policy, 1
Tucked into Congressional testimony in 1978 on expanding the Institutional Patent Agreement program is the 1969 University of Wisconsin patent policy. This policy is notable for a number of reasons. First, because it is an actual policy statement on patents, where … Continue reading
Posted in Bayh-Dole, Policy, Sponsored Research
Tagged Bayh-Dole, IPA, patent policy, uncertainty of title, WARF, Wisconsin
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Going to Eleven on NIST and (f)(2)
NIST is drafting new rules for the standard patent rights clause authorized by Bayh-Dole. Included in the proposed new provisions is a requirement that contractors require the assignment of inventions to the contractor. This is a bad idea. Besides, it’s … Continue reading
Posted in Bayh-Dole, Bozonet, Policy, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, NIST, Stanford v Roche, vesting statute
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Bayh-Dole’s transfer of public policy judgment, 2
Early on, federal research support was debated in terms of a dichotomy between procurement and subvention. As a procurement agent, the government purchased research services and the things that those services created. The government paid contractors to do work and … Continue reading
Posted in Bayh-Dole, Commons, History, Policy, Sponsored Research
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The heart plug in federal grants and contracts
I see a question in my search feed: “Does a Bayh-Dole patent clause make a grant a contract?” Let’s sort this out. Short answer. No, the presence of a patent rights clause does not change the nature of the agreement. Bayh-Dole … Continue reading
Posted in Agreements, Bayh-Dole, History, Sponsored Research
Tagged Contact, contract, Dune, grant
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On Exclusive Licenses For Research Technology
Here’s a response I wrote for a research team that is working through issues regarding the licensing of their inventive technology. The team is spread across multiple institutions in multiple countries, working on an enabling technology in medical engineering. ***** The … Continue reading
Posted in Agreements, Projects, Sponsored Research, Technology Transfer
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What’s uniform and what should never be, Part 5
If there’s no need for the federal government to make money from patent positions, and the federal government transfers the administration of these patents to universities, then universities also have no need to make money from these patent positions. They … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research
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What’s uniform and what should never be, Part 4
[I have expanded the first section to fill out the difference between acquiring the federal government’s right of ownership in subject inventions and the federal government giving up on having an ownership interest in subject inventions–muddling this distinction is at … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research
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