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Category Archives: Uncategorized
University Patent Policy for Effective Technology Transfer, 6: Consider two scenarios
Once in Weisskirchen a man said: . “I never, never do that.” At the exact same time in Mühlhausen a woman said: “Beef with horseradish.” Both of them said what they said, because there was no other way. from “Glocke.” … Continue reading
Federal agency patent enforcement under Bayh-Dole, 1
This may appear to be an outrageous claim, but it isn’t. Bayh-Dole does not authorize federal agencies to enforce patents held by the federal government. That much is not outrageous because there is nothing in Bayh-Dole that authorizes such enforcement. … Continue reading
Posted in Uncategorized
Tagged Bayh-Dole, invention, patent
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University inventions that aren’t exactly worthless-3
To show the limits of policy rationalizations over the university use of patents to benefit the public, let’s consider only those university inventions that have “worth”–that aren’t (in the eyes of university administrators, at least) “worthless.” If we work this … Continue reading
Posted in Uncategorized
Tagged half-eaten, invention, policy, productization, worth
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Bayh-Dole Basics, 8: Reasonable Terms Comments-2
Now we get to government rights under march in. Here we have complications. In 1968, Norman Latker, NIH’s patent counsel, revived the Institutional Patent Agreement program, under which the NIH (and later the NSF) contracted with nonprofits so that a … Continue reading
Posted in Uncategorized
Tagged Bayh-Dole, development, exclusive license, IPA, Latker, march-in, master agreement
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Administrative lupus
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
Posted in Uncategorized
Tagged Bayh-Dole, lupus, Madey v Duke, monopoly meme
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Bayh-Dole for university faculty
Let’s put Bayh-Dole plainly for university faculty. Under federal patent law, inventors own their inventions. Federal patent law does not require inventors to use the patent system. Federal patent law does not require inventors to assign their inventions. Bayh-Dole is … Continue reading
Posted in Uncategorized
Tagged 37 CFR 401.9, Bayh-Dole, faculty, standard patent rights clause
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Thanksgiving 2017
To all those who seek to discover, invent, collect, develop, create, author, realize, and do something with any of that–thank you for your efforts, your insights, your inspiration. For those who build administrative systems to support such work–thank you, too. … Continue reading
Posted in Freedom, Uncategorized
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The Purpose of Economic Life is Us
There is an order in the open-ended drift by which economic life develops and expands, but it is not the order of “challenge” and “response” to be found in military thinking or in Toynbee’s idea that civilizations die because they … Continue reading
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Posting Update
It’s been a busy couple of weeks here. I’m in Santa Cruz for a few days helping with painting the house with my daughter and her husband. I’ve got a new set of articles almost ready to go, but they … Continue reading
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Bayh-Dole’s restrictions on Pigpen use of licensing income, III
Bayh-Dole’s nonprofit royalty and license income provisions, thus, appear to have to do with navigating tax issues for nonprofit organizations arising from patent management activities. The effort in Bayh-Dole is to connect patent licensing income and the typical nonprofit exempt … Continue reading
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