Tag Archives: 204

The non-preference for US manufacturing under Bayh-Dole

Posted on October 15, 2020 by Gerald Barnett

A recent search at RE was looking for “preference for manufacturing in US under Bayh-Dole.” There’s a series of articles here on 35 USC 204. There’s also discussion of the related march-in provision at 35 USC 203(a)(4) and the broader … Continue reading →

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If you are against a crappy law like Bayh-Dole

Posted on September 23, 2020 by Gerald Barnett

Kevin E. Noonan, a biotech patent attorney, made an interesting assertion in a LinkedIn comment on the fourth article in this series. Maybe he was being flippant, but let’s consider: People against Bayh-Dole just support private industry (much of it … Continue reading →

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Five easy ways to circumvent Bayh-Dole’s “manufactured substantially” requirement

Posted on October 26, 2018 by Gerald Barnett

Bayh-Dole makes American manufacture of product based on subject inventions the centerpiece of the law. Bayh-Dole’s statement of policy and objective calls out promotion of inventions “made in the United States by United States industry and labor” (35 USC 200). … Continue reading →

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Illusions of Bayh-Dole: “manufactured substantially” 4

Posted on September 13, 2018 by Gerald Barnett

Previous articles in the series are here, here, and here. The series continues here and here. There’s a simple point to make about Bayh-Dole’s section 204 requirement that exclusive licenses to use or sell products based on a subject invention … Continue reading →

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Illusions of Bayh-Dole: “manufactured substantially” 2

Posted on January 17, 2018 by Gerald Barnett

The start of this article is here. We are taking apart section 204 of the Bayh-Dole Act, the “Preference for United States manufacturing” that ends up being almost useless for its purpose. But to get there, we have to go … Continue reading →

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Illusions of Bayh-Dole: “manufactured substantially” 1

Posted on January 16, 2018 by Gerald Barnett

Let me show you how empty the Bayh-Dole provision on “Preference for United States Industry” (35 USC 204) is. According to its terms, this provision is the single most important piece of federal patent policy. For convenience, here’s the provision: … Continue reading →

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