Category Archives: Technology Transfer

Pensé and Perspectivability-1

Posted on January 21, 2019 by Gerald Barnett

Some of you may have noticed that over the years I have grown more critical of the Bayh-Dole Act and especially of the people who prop it up with various forms of bluffery. The law is based on failed policy … Continue reading →

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Administrative lupus

Posted on January 19, 2019 by Gerald Barnett

I while ago I wrote an article on some suggestions for changing Bayh-Dole. The first suggestion was to add a research “exemption.” The authors–one a former senior university patent administrator from a very big university–were well meaning, and perhaps there … Continue reading →

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Ten Year Note

Posted on September 12, 2018 by Gerald Barnett

Ten years ago, on September 4, 2008, I started the Research Enterprise blog. My idea was to use the blog to document what I had learned about university-based technology transfer over 15 years of licensing practice, and to describe ways … Continue reading →

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Exceptional Circumstances in Bayh-Dole, 7

Posted on August 27, 2018 by Gerald Barnett

The 2013 version of the PHS Technology Transfer Manual 607.1 on exceptional circumstances lists a set of questions that ought to be considered by those in an NIH institute or center (IC) in preparing a determination of exceptional circumstances. These … Continue reading →

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Exceptional Circumstances in Bayh-Dole, 4

Posted on August 22, 2018 by Gerald Barnett

In more plain language, even with regard to outcomes, Bayh-Dole is crappy public policy. At best, Bayh-Dole has enabled a betting parlor managed by nonprofits for the future value of patent rights, especially those patents directed at controlling the “market” … Continue reading →

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Exceptional Circumstances in Bayh-Dole, 3

Posted on August 21, 2018 by Gerald Barnett

“Exceptional” circumstances are not stated by Bayh-Dole to be rare or unusual ones–they could be common. Exceptional circumstances are those circumstances in which Bayh-Dole’s arbitrary default at 35 USC 202(a) is not the best thing for promoting the policy and … Continue reading →

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Exceptional Circumstances in Bayh-Dole, 2

Posted on August 20, 2018 by Gerald Barnett

Here’s the slide from Dr. Thomas that starts our descent into darkness. Part of the slide contents is accurate. Part is slipped. Let’s take up the slipped. First, Bayh-Dole does not say the federal government “retains patent rights” when the … Continue reading →

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AAU, APLU, and others aim to “bolster” federal technology transfer, 7

Posted on August 16, 2018 by Gerald Barnett

Frankly, I am weary of working through the HEAs’ nonsense advice to NIST. I expect you are too. Bullshit is so much more difficult to pin down than carefully reasoned discussion. It’s worth respecting carefully reasoned discussion, even if one … Continue reading →

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AAU, APLU, and others aim to “bolster” federal technology transfer, 4

Posted on August 13, 2018 by Gerald Barnett

We are dealing with the bombast that AAU and other “higher education associations” put forward as advice to NIST with regard to how the federal government might better manage its own technology transfer. Instead, the HEAs seek to improve their … Continue reading →

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AAU, APLU, and others aim to “bolster” federal technology transfer, 2

Posted on August 9, 2018 by Gerald Barnett

We are working through advice offered to NIST by various higher education associations on how to improve federal technology transfer by funding without oversight the “technology transfer” programs of non-federal institutions. If the gist is all you  need, then don’t … Continue reading →

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