Category Archives: Uncategorized

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

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

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

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

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

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

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

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

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

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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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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