Tag Archives: Bayh-Dole

Bayh-Dole, Federal Agency Conflict of Interest, and the Covid Vaccines

Here is a recent video clip of an interview with Robert F. Kennedy, Jr. He asserts that it was known that HCQ and Ivermectin were effective in treating corona viruses by 2004. Robert F. Kennedy Jr. claims that "We knew … Continue reading

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AUTM arguments for not complying with Bayh-Dole

Just a quick note here on AUTM arguments are for not complying with Bayh-Dole. Just off a meeting that paid attention to AUTM’s position. I’ll summarize the main arguments here. Access in the form of commercial products is more important … Continue reading

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Xtandi, Bayh-Dole, and how Pfizer might stop worrying and love the march in

The American Prospect has an interesting piece (“A Big Miss on Drug Prices”) on the NIH yet again defying the Bayh-Dole Act and refusing to launch an investigation into whether UCLA and Pfizer have met Bayh-Dole’s standard (35 USC 201(f)) … Continue reading

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Inventors would own more, were it not for noncompliant Bayh-Dole practice

I saw this tweet this morning: I agree Inventors should own more, but institutions were/are the heart of Bayh-Dole that (arguably) enables IP-driven startups… this is bc many/most PI inventions would go into a black hole without tech transfer officer … Continue reading

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Why not let’s try, Frank?

Frank Cullen, writing at the “Council for Innovation Promotion” has posted a hand-wringing response to a letter from members of Congress to the Secretary of Health and Human Services requesting that the government use Bayh-Dole’s march-in provisions to address price … Continue reading

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March-in rights, Xtandi, and Bayh-Dole’s patent rights clause

Senator Bernie Sanders just tweeted about Xtandi, asking patients taking Xtandi to share their stories. The prostate cancer drug Xtandi was invented by taxpayer-funded scientists at UCLA, but now costs Americans nearly $190,000 — or up to six times the … Continue reading

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NIAID Breezily Repudiates Supreme Court Ruling

Perhaps you wanted a short version. NIAID puts this in guidance to inventors regarding inventions made in NIH-funded work: Under the Bayh-Dole Act, your institution as the grant recipient owns rights to the NIH-funded invention and has the right and … Continue reading

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NIAID botches Bayh-Dole

This will be a bit of a long ride. Buckle up. In 2011, the US Supreme Court ruled in Stanford v Roche that the Bayh-Dole Act does not vest title to inventions made in federally supported work with the nonprofit … Continue reading

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The Bayh-Dole Public Bargain, 2

Baked into Bayh-Dole is the policy expectation that a holder of a patent on a subject invention will offer products based on that invention as if there were competition, even if a patent is used to suppress that competition. In … Continue reading

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The Bayh-Dole Public Bargain, 1

Bayh-Dole is directed at federal agencies contracting for research or development with small businesses and nonprofits. The law requires agencies to use a default patent rights clause in every funding agreement unless an agency can justify a different clause. The … Continue reading

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