Tag Archives: Bayh-Dole

Audit Items for Nonprofit Bayh-Dole Subject Invention Assignment Compliance

Posted on April 24, 2020 by Gerald Barnett

Bayh-Dole makes a default public bargain for nonprofit contractors conducting research or development work that receives federal support. Nonprofit contractors may retain ownership of inventions made in such work that they acquire, but if they assign any such invention, the … Continue reading →

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Price controls in Bayh-Dole

Posted on April 23, 2020 by Gerald Barnett

Here’s the primary price control in Bayh-Dole: If an organization has the right to enforce patent rights on a subject invention obtained from a nonprofit, then any income earned with respect to the subject invention, after payment of expenses incidental … Continue reading →

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You can do anything you want at Bayh-Dole’s restaurant, 2

Posted on April 18, 2020 by Gerald Barnett

We are dealing with the practice reality that under the Bayh-Dole Act: anyone can do pretty much anything they want. Federal agencies can do anything they want, provided they follow Bayh-Dole’s procedures (or work around them). Contractors can do antyhing … Continue reading →

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There is no government use license in Bayh-Dole

Posted on April 2, 2020 by Gerald Barnett

I saw another search here at Research Enterprise for “government use license.” There is no government use license in Bayh-Dole. That’s a sloppy myth created by university licensing officers who repeat nonsense. The license in Bayh-Dole (35 USC 202(c)(4)) is … Continue reading →

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Bayh-Dole Government License–9: Recommendations

Posted on March 31, 2020 by Gerald Barnett

Our webinar ends with “Recommendations” for licensing agreements. Given what we have worked through, we are in a good position to assess the strength of these recommendations. Here’s the first recommendation: It’s implied, but never stated, that rights the licensor … Continue reading →

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Bayh-Dole Government License–8: Foreign Licenses

Posted on March 30, 2020 by Gerald Barnett

Okay. I’ve had about enough of this webinar on Bayh-Dole’s government license. It’s not that the advice provided is unexpected–it is entirely conventional wisdom, from the description of the NIST Green Paper on government use rights to how to deal … Continue reading →

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Bayh-Dole Government License–7: Software

Posted on March 29, 2020 by Gerald Barnett

The webinar then turns to government license in the context of software. Here things get confused again. Bayh-Dole states as policy–not merely rationale–that the patent system is to be used to promote the utilization of inventions arising from federally supported … Continue reading →

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Bayh-Dole Government License–6: Patenting Costs and Exclusivity

Posted on March 28, 2020 by Gerald Barnett

We are still following a webinar panel discussion of the government license to practice and have practiced in Bayh-Dole. The discussion gives us an opportunity to see the gulf between Bayh-Dole’s policy and objectives, and the scope of its government … Continue reading →

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Bayh-Dole Government License–5: Impact Beans

Posted on March 27, 2020 by Gerald Barnett

We are working through a recent “webinar” on the Bayh-Dole government license to practice and have practiced. In part, the webinar provides the opportunity to set some things right about Bayh-Dole and to resist the machinations of NIST to try … Continue reading →

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Bayh-Dole Government License–4: Licensing Despite the Government License

Posted on March 26, 2020 by Gerald Barnett

We are working through a recent “webinar” panel discussion on Bayh-Dole’s government license. The panelists get the government license wrong in material ways and then concern themselves with scenarios in which the government license as they represent it appears to … Continue reading →

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