Category Archives: Uncategorized

WTF is the Bayh-Dole Coalition’s “What is the Bayh-Dole Act”?–2

Posted on July 1, 2022 by Gerald Barnett

We have worked over the Bayh-Dole Coalition’s account of the statute. Sure, Bayh-Dole is a complicated mess, but that’s no excuse for getting the law so wrong, with such a lack of consistency and careful distinction. But there it is. … Continue reading →

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The use of the patent system for federal research results, 9: Exploiting the FSA policy safeguards

Posted on August 10, 2021 by Gerald Barnett

The earliest major federal patent policy, FSA policy 110-1–for public health research, no less–sets up a process by which the head of each “constituent unit” of the FSA is to make a determination in each case whether the use of … Continue reading →

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Status Update

Posted on July 8, 2021 by Gerald Barnett

If you are looking for new posts, you have just a bit longer to wait. Life pulls many ways! But I’ve got a number of articles drafted and more planned. When things settle down, I’ll have more time. Then things … Continue reading →

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UW’s Fast Start template, a bad bureaucratic idea gone bad, 2

Posted on December 15, 2020 by Gerald Barnett

We are working through a GeekWire article about the University of Washington’s “new” template-based deal for startups, so that all startups are treated alike, and doing so the university claims will shorten negotiations and reduce costs–as if these are the … Continue reading →

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University Patent Policy for Effective Technology Transfer, 6: Consider two scenarios

Posted on October 3, 2020 by Gerald Barnett

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 →

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Federal agency patent enforcement under Bayh-Dole, 1

Posted on June 5, 2020 by Gerald Barnett

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 →

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University inventions that aren’t exactly worthless-3

Posted on August 29, 2019 by Gerald Barnett

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 →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-2

Posted on June 6, 2019 by Gerald Barnett

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 →

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Bayh-Dole for university faculty

Posted on June 28, 2018 by Gerald Barnett

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 →

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Thanksgiving 2017

Posted on November 23, 2017 by Gerald Barnett

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 →

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