Category Archives: Stanford v Roche

University of Utah’s New Patent Policy, Part II

Posted on August 23, 2013 by Gerald Barnett

The University of Utah has updated its patent policy.  We have been through it recently.  I had such hopes that Utah would come to its senses and stop mending bad fences.  Sadly, instead they head into the void, with a … Continue reading →

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An Open Letter to Dr. Peter Salovey, President of Yale University

Posted on August 17, 2013 by Gerald Barnett

August 17, 2013 Dr. Peter Salovey President, Yale University Dear President Salovey, I am writing to ask you to review the situation with regard to late Professor John Fenn in light of new developments in the matter of federal laws … Continue reading →

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Five Law Cases for University IP Management

Posted on August 15, 2013 by Gerald Barnett

Here are some law cases involving intellectual property that faculty considering IP policies and scholarship should be aware of. I give a date for a primary decision (there are all sorts of proceedings for these cases), a brief summary, and … Continue reading →

Posted in Agreements, Bayh-Dole, IP, Policy, Stanford v Roche | Tagged , , , , | 1 Comment

An Updated Guide to the Bayh-Dole Act

Posted on July 15, 2013 by Gerald Barnett

Ah, COGR has not contacted me yet for help in revising their long-neglected Guide to the Bayh-Dole Act. While I waited for their call, I put together this text for a brochure that might serve until they have finished revising, … Continue reading →

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Compulsion, Fifth Amendment Taking, and SPRC (f)(2)

Posted on July 11, 2013 by Gerald Barnett

Given the apparent intention of certain advocates for Bayh-Dole that the purpose of the law should be that universities come to own faculty inventions made with federal support, thereby effectively cutting off Research Corporation and other independent invention management agents … Continue reading →

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Three Responses to the SPRC post-Stanford v Roche

Posted on July 10, 2013 by Gerald Barnett

In the Bayh-Dole Act,  a “subject invention” is defined as any invention of the contractor conceived or first actually reduced to practice in the performance of work under a funding agreement… (35 USC 201(e)). A “contractor” is defined as any … Continue reading →

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Equity Policies and Ownership Policies, Part III

Posted on May 30, 2013 by Gerald Barnett

Part I is here.  Part II is here.  Part III follows below. The policies of the form of 1962–dealing in equities, diverse, open, advocating the use of external invention management agents, if a university had a policy at all–supported the … Continue reading →

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Present Assignment Shakedown

Posted on April 15, 2013 by Gerald Barnett

That’s a nice invention ya got there, Prof.  Pity if something were to happen to it. Using a present assignment would not have saved Stanford’s position in Stanford v Roche.  There are too many other circumstances that work against Stanford.  … Continue reading →

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How (f)(2) saves Bayh-Dole, the "worst bill I've seen in my life"

Posted on April 11, 2013 by Gerald Barnett

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 →

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The Lens of the (faux) Bayh-Dole Act

Posted on January 18, 2013 by Gerald Barnett

I continue to be amazed at the persistence of the faux Bayh-Dole crowd. Like something out of The Road Warrior, they keep coming back to wreak havoc. Despite the text of the law, the Supreme Court ruling in Stanford v … Continue reading →

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