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Tag Archives: 37 CFR 401.14
NIST’s other changes to Bayh-Dole’s implementation, 1
NIST’s new rules for the implementation of the Bayh-Dole Act go into effect in May 2018. I have worked through the assignment provision for federal contracts that has been added to the (f)(2) written agreement requirement and how nutty that … Continue reading
Posted in Bayh-Dole
Tagged 37 CFR 401.14, Bayh-Dole, NIST
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Guide to Bayh-Dole by the Layers, 3
[The default patent rights clause authorized by Bayh-Dole is the inventor patent rights clause at 37 CFR 401.9, a subset of 37 CFR 401.14. The default is enabled when contractors comply with 37 CFR 401.14(f)(2)–except they never do. Under the … Continue reading
Posted in Bayh-Dole
Tagged 37 CFR 401.14, 37 CFR 401.9, Bayh-Dole, patent rights clause
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The Faster Cures FAQ on Bayh-Dole, 3
We are working through the Faster Cures FAQ on Bayh-Dole. 4. What requirements does Bayh-Dole place on universities? None. Bayh-Dole applies to federal agencies, not to universities. It’s only loose chatter to say that Bayh-Dole requires universities to do anything. … Continue reading
Posted in Bayh-Dole
Tagged 37 CFR 401.14, Bayh-Dole, Faster Cures, patent rights clause
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University of Connecticut patent practice hash, 2
The definition of subject invention in federal funding agreements is not a matter of university administrator preference. Either an invention meets the definition of subject invention or it doesn’t. The administrator’s job is to gather the documentation that provides the … Continue reading
Posted in Bayh-Dole, Policy
Tagged 37 CFR 401.14, Bayh-Dole, Connecticut, disclosure, invention, patent
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The devils in the details: Bayh-Dole supports academic freedom, 1
Bayh-Dole supports the academic freedom of faculty inventors. University administrators refuse to comply. Here, we walk through the law, the implementing regulations, the various patent rights clauses to show the result. Fair warning to university administrators reading this piece. I … Continue reading
Posted in Bayh-Dole, Bozonet, Freedom, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.14, 37 CFR 401.9, academic freedom, Bayh-Dole, contractor, funding agreement, patent, subject invention, turdly
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Bayh-Dole basics, 3: funding agreement comments
Bayh-Dole uses the definition of “funding agreement” for much heavy lifting. The definition does much more than merely restrict Bayh-Dole’s interest to grants, contracts, and cooperative agreements. The definition establishes the scope of the law to include experimental work, developmental … Continue reading
Posted in Bayh-Dole
Tagged 37 CFR 401.14, 37 CFR 401.9, aztec, Bayh-Dole, boogers, contractor, development, funding agreement
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Some Questions from a Future FAQ on Bayh-Dole
Q. Can a university violate the Bayh-Dole Act? A. No. Bayh-Dole applies to federal agencies. The law requires federal agencies to adopt uniform practices regarding patent rights to inventions in funding agreements. Bayh-Dole (now) authorizes the Department of Commerce to … Continue reading
Posted in Bayh-Dole, Policy, Present Assignment, Stanford v Roche
Tagged (f)(2), 37 CFR 401.14, 37 CFR 401.9, Bayh-Dole, patent rights clause
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