"Of the contractor" and Subject Inventions

Stanford v Roche makes clear that Bayh-Dole is not a vesting statute. It does not confer ownership of inventions made with federal support on contractors. Individual inventors own title to their inventions, and title is transferred by written agreement, as it always has.

There is more to it, however. The decision also makes clear that Bayh-Dole does not require university ownership of inventions made with federal support. That is, the law is not defective in not requiring contractor ownership or even restricting the private disposition of title in favor of a contractor option to obtain title.

The critical piece of Bayh-Dole turns out not to be in Bayh-Dole at all, but in the implementing regulations at 37 CFR 401. Continue reading

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Lessons, vol. 5

5. Bad advice abounds.

There is plenty of bad advice abounding.   This stuff is not nearly as interesting to work through.  And it takes some time to chase down the implications of the advice. But if you hang with all this, we learn something about the experts out there who are determined to show universities how to make money from IP positions.   So I will wade through some of it.   Any web search for Stanford v. Roche will now come up with tons of this sort of bad advice.  I won’t quote it or link to it.  Bluck.

The short form: advice that administrators should tighten controls on IP leads to the ruination of those attributes that distinguish university research. Research innovation runs against tighter administrative controls. Is that so difficult an idea? Continue reading

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Pearling the Bozonet

Over at Pearltrees, I have been building out a documentary record of web materials that I have found useful in innovation, 3d printing, and related areas.  One of these involves the continuing development of bozonet theory.  Below is an embedded look at the Bozonet pearltree.  It is a start at gathering together related work that frames the issues.

I have also added a new category, “Bozonet” to the blog, and have marked a number of posts that reference the concept.