Tag Archives: Bayh-Dole

A sense of proportion–5

Posted on December 7, 2019 by Gerald Barnett

One can see, then, where Bayh-Dole comes into play in this meaningless mess. Bayh-Dole was drafted by the same folks who created the IPA system. The IPA system was shut down in 1978 as ineffective and contrary to public policy. … Continue reading →

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The 100x Model–1 Protection

Posted on December 2, 2019 by Gerald Barnett

Bayh-Dole uses “protectable” with respect to inventions 35 USC 201(d). That’s strange. Nothing else in patent law has to do with protecting inventions. What could “protection” have to do with inventions, as a matter of law no less? To get … Continue reading →

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Univeristy and Exclusive Licensee Exposure to Bayh-Dole Non-Compliance

Posted on November 25, 2019 by Gerald Barnett

I’ll try to make this simple. When a university creates a written policy that commits it to attempting to commercialize inventions made with federal support, that policy alters the scope of any proposal the university submits for federal funding. Commercialization … Continue reading →

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“Protection” of inventions in Bayh-Dole

Posted on November 12, 2019 by Gerald Barnett

Twitter thread: Federal patent law uses “protect” with respect to inventions only in Bayh-Dole’s strange definition of invention at 35 USC 201(d): “is or may be patentable or otherwise protectable under this title” What does it mean to “protect” an … Continue reading →

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Another question on RE: When does Bayh-Dole not apply?–6

Posted on October 31, 2019 by Gerald Barnett

To get at subject inventions, we will cover some of the same ground as that series of RE articles on subject inventions, but from a different angle. Bayh-Dole’s contracting provisions do not apply if an invention made under federal contract … Continue reading →

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Another question on RE: When does Bayh-Dole not apply?–5

Posted on October 30, 2019 by Gerald Barnett

We are working through when Bayh-Dole does not apply. Bayh-Dole doesn’t apply to works of authorship or copyright or data or data rights or know how or trade secrets (except to keep trade secrets secret even when the trade secret … Continue reading →

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Another question on RE: When does Bayh-Dole not apply?–4

Posted on October 29, 2019 by Gerald Barnett

Now that you have a better idea about Bayh-Dole and have done some thinking about why someone might want it Bayh-Dole to apply and others might not want it to apply, let’s work the definition of invention (at 35 USC … Continue reading →

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Another question on RE: When does Bayh-Dole not apply?–3

Posted on October 28, 2019 by Gerald Barnett

Back for more of when Bayh-Dole does not apply, I see. Well, let’s get serious about this. Let’s look at the Bayh-Dole definitional cascade for subject invention. We worked through “invention”–strange, broad, both patentable and not demonstrably not patentable, except … Continue reading →

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Another question on RE: When does Bayh-Dole not apply?–2

Posted on October 27, 2019 by Gerald Barnett

Let’s get into the details–dance with devils, reveal Bayh-Dole’s true character. Get some sympathy. Let’s consider again that heading of Title 35 USC, Chapter 18: “Patent Rights in Inventions Made with Federal Assistance.” In Bayh-Dole, “patent rights” are restricted, relative … Continue reading →

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Another question on RE: When does Bayh-Dole not apply?–1

Posted on October 26, 2019 by Gerald Barnett

When does Bayh-Dole not apply? Bayh-Dole is part of federal patent law, Title 35 USC, placed in Chapter 18 with heading “Patent Rights in Inventions Made with Federal Assistance.” Thus, broadly, we can expect that Bayh-Dole does not apply to … Continue reading →

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