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Category Archives: Stanford v Roche
Nolo Press Still Confused About Bayh-Dole, 2
Now the Nolo page turns to Stanford v Roche. Given how Nolo can’t seem to get much at all right about Bayh-Dole, what do you think the odds are with Stanford v Roche? Stanford v. Roche (2011): The Supreme Court … Continue reading
Posted in Bayh-Dole, Present Assignment, Stanford v Roche
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The NIH’s complicity in faux Bayh-Dole and high drug prices
Here’s “A ’20-20′ View of Invention Reporting to the National Institutes of Health”–published by the NIH in 1995. 2. WHAT IS THE BAYH-DOLE ACT AND WHY IS IT IMPORTANT? The Bayh-Dole Act encourages researchers to patent and market their inventions … Continue reading
Posted in Bayh-Dole, History, Stanford v Roche
Tagged 20-20, Bayh-Dole, faux, inventor loathing, NIH
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The banal myth of the necessary institutional monopoly
Louis Rosenfeld wrote an insightful article in Clinical Chemistry on the discovery of insulin “Insulin: Discovery and Controversy.” Three collaborators in the research had a disagreement over inventive contributions to various portions of the work and to settle their disputes gave … Continue reading
Posted in Innovation, Policy, Stanford v Roche, Technology Transfer
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Bayh-Dole nonsense in a talk at the University of Pittsburgh
Last year (March 2016), Joe Allen gave a talk at the University of Pittsburgh, “Patent Ownership Under Bayh-Dole, reported in the University Times. Called “a key architect of the Bayh-Dole Act,” Allen manages to fill a talk summary with mostly … Continue reading
Posted in Bayh-Dole, Bozonet, Stanford v Roche, Technology Transfer
Tagged (f)(2), 401.14, Allen, Bayh-Dole, Harbridge House, Pittsburg, SPRC, Stanford v Roche
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How Bayh-Dole went wrong and what might be done, 1
This article starts a series on structural problems in Bayh-Dole. As an architecture to take ownership of inventions from university investigators, Bayh-Dole suffers from significant flaws. The effort by university patent brokers and their biotech partners has been to cover … Continue reading
Posted in Bayh-Dole, History, Policy, Stanford v Roche
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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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Nothing more. Why (f)(2) isn’t an assignment requirement, and can’t be.
NIST proposes to “clarify” the (f)(2) clause of the standard patent rights clause authorized by Bayh-Dole to turn it into an assignment clause. This is wrong. I will explain. 1. Bayh-Dole does not require an assignment clause. Bayh-Dole gives no … Continue reading
Posted in Bayh-Dole, Stanford v Roche
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Working through an old op/ed on university ownership of inventions
I was out browsing the web and came across an op/ed from 2011 published in the Baylor University magazine Lariat. The anonymous author was opining about the Stanford v Roche case and the title makes clear the position: “Patents should … Continue reading
Posted in Bayh-Dole, Bozonet, Stanford v Roche
Tagged bullshit, invention, patent, professor, royalties, Stanford v Roche
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They just can’t kill the beast
After the Supreme Court ruled in Stanford v Roche, Joe Allen and Howard Bremer wrote an article (“After Stanford v Roche: Bayh-Dole Still Stands“) in which they asserted that they had argued against the idea that Bayh-Dole vested with contractors … Continue reading
Posted in Bayh-Dole, Bozonet, History, Policy, Stanford v Roche
Tagged Allen, Bremer, Stanford v Roche, vesting
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Senator Bayh’s inventor-loathing faux Bayh-Dole Act
There has been plenty written about the practice lesson taught by the Supreme Court decision in Stanford v Roche. I’m dismayed how much of it shows no evidence of an awareness of the facts of the case and the primary … Continue reading
Posted in Bayh-Dole, Policy, Stanford v Roche
Tagged Bayh, Bayh-Dole, faux, inventor loathing, of, Stanford v Roche
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