Tag Archives: Bayh-Dole

An Open Letter to Senator Warren Regarding Xtandi

Dear Senator Warren: You have called repeatedly for the federal government to use regulatory tools available to it to address the high prices charged for drugs. Your attention to this matter is much appreciated! I write with specific reference to … Continue reading

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Smells Like Bayh-Dole Spirit

Bayh-Dole has two main concerns: contractor patent rights (35 USC 202-204) and federal agency disposition of patents (35 USC 207-209). These two sets of provisions work together in odd but let’s say intended ways. For instance, 35 USC 207(a)(2) authorizes … Continue reading

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The Bluntly Essence of Bayh-Dole’s Contracting Provisions

Let’s be super bluntly. The essence of Bayh-Dole’s contracting provisions is: Make new product available promptly, and at a competitive price. That’s it. That’s what all the apparatus and fuss is about, and what federal agencies refuse to recognize or … Continue reading

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A little expansion on varieties of exclusive license in university tech transfer

[I’ve added some additional comments, and some light editing for clarity (I hope)] I expanded a discussion of the odd wording of Bayh-Dole’s 35 USC 204, which restricts the US manufacturing requirement to exclusive licenses “to use or to sell” … Continue reading

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University of Illinois Guidance on Bayh-Dole, c. 2006 and 2022

Here is a representation of the Bayh-Dole Act, from a University of Illinois OTM brochure from 2006: The Bayh-Dole Act of 1980 determined that the University retains title to intellectual property created using Federal funding. With this ownership comes the … Continue reading

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Outline of the federal framework for the disposition of inventions

Here is an outline of the federal framework for inventions. I have included links to various documents. Lots more to be said, and the brief account here is more gist than deep summary, but perhaps you find it helpful. Plenty … Continue reading

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ChatGPT’s Response to a Question Regarding Bayh-Dole Enforcement

Here’s another ChatGPT response, this one to “What are the key provisions of the Bayh-Dole Act that federal agencies fail to enforce?” It’s sort of a trick question, and ChatGPT fails to recognize that. Given that ChatGPT must use extant … Continue reading

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ChatGPT’s Garbled But Expectable Version of Bayh-Dole

I asked ChatGPT for “the key points of the Bayh-Dole Act.” Here’s the first response: The Bayh-Dole Act is a United States federal law that was passed in 1980. It allows businesses, universities, and other organizations to retain ownership of … Continue reading

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A Bayh-Dole Quicker Read Made Much Longer!

Here’s an even shorter version of Bayh-Dole, with some paraphrasing [now made much longer with comments to show why these quick things matter.] Use the patent system to promote the use of inventions. [This is a restriction. The Constitutional mandate … Continue reading

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A look at recent startups at Duke

A recent tweet called out the Duke University technology transfer program for starting 12 companies so far in 2022. That’s a good number of startups for a university. We should applaud. But the tweet went on to attribute the startups … Continue reading

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