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Tag Archives: Bayh-Dole
What Bayh-Dole Does–enabling but not requiring exploitation of patent monopolies
Prior to the NIH Institutional Patent Agreement program, the Kennedy executive branch patent policy required federal agencies to do the following: Allow contractors with real businesses in non-governmental markets to own inventions made under federal contract, except in research directed … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, exclusive license, IPA
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Open: The proper (and effective) role for public institutions in invention management
There are many things we could do, but choose not to do. Some of those things, people could make money doing, but we refuse. We could sell body parts, or eat them, or we could make people slaves–good money in … Continue reading
Posted in Bayh-Dole, Commons, Technology Transfer
Tagged Bayh-Dole, broker, exclusive rights, factor
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The Purpose of Bayh-Dole: Some History
Bayh-Dole re-establishes a patent monopoly pipeline from federal funding to the pharmaceutical industry. The NIH first created this patent pipeline in 1968 when Norman Latker, patent counsel at the NIH, restarted the Institutional Patent Agreement program that had been allowed … Continue reading
The Purpose of Bayh-Dole: Effects
Bayh-Dole re-establishes a pipeline of patent monopolies on federally supported inventions in public health running from federal agencies to the U.S. pharmaceutical industry. This patent pipeline operates directly from federal agencies granting exclusive licenses (35 USC 207-209) and through nonprofit … Continue reading
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Tagged Bayh-Dole, patent monopoly, pharma
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Bayh-Dole disruptions of research and innovation
Bayh-Dole allows nonprofits and small businesses to retain title to inventions made in federally funded work. That is, the nonprofit or small business must first obtain title on their own. For businesses, this is straightforward as businesses routinely assign employees … Continue reading
Four things not to know about Bayh-Dole
PhRMA, a pharma front group, published a discussion of Bayh-Dole, “IP Explained: Four things to know about the Bayh-Dole Act.” Short form. This is nonsense. I’ll show you briefly. Thanks in large part to strong intellectual property protections – including … Continue reading
Enforce Bayh-Dole while working on repeal
While we work on repeal of Bayh-Dole, a dismal failure of a law, and work out how to repair the damage–the lost non-commercial development community that exists only in a few areas such as open source software and ought to … Continue reading
Repeal of Bayh-Dole
There are lots of calls to repeal Bayh-Dole. That would be a good thing to do. Bayh-Dole has been a failure, just like the NIH’s IPA program on which it was based, which was shut down in 1978 as ineffective … Continue reading
Bayh-Dole and Pandemic
Here is one of many commentators on the Dr. Judy Mikovits interview in “Pandemic.” At about the 4 minute mark, Dr. Robert Carter has this to say about Bayh-Dole: What to make of Carter’s rebuttal to Mikovits with regard to … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, conflict of interest, Mikovits, Pandemic
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IP Watchdog Misses the Mark on March-In Rights
IPWatchdog, a blog site, published on April 22, 2020 an article by Joseph Allen arguing that the Washington Post got Bayh-Dole’s march-in provision all wrong. But Allen has got it wrong. Let’s be clear, then, about Bayh-Dole and march-in. Even … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, march-in, reasonable terms
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