Tag Archives: Bayh-Dole

For Latker, Bayh-Dole wins a political battle over delivery of research to the public

In February 1974, Norman J. Latker, patent counsel for the NIH, gave a talk in Chicago with the title “Progress Towards a Uniform U.S. Government Patent Policy for Universities and Non-Profit Organizations.” You can find most of it at IP … Continue reading

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NIST, Bayh-Dole Policy, and Disincentives

I spent the past two weeks working on comments in response to NIST’s proposed new regulations for Bayh-Dole. I ended up with 73 pages of answers to questions and section-by-section comments, and about 60 pages of outtakes. NIST didn’t make … Continue reading

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Unenforced, Bayh-Dole enables a federal offer to look the other way on price-gouging

The government’s failure to use its government license to practice and have practiced (=make, use, and sell) puts undue pressure on march-in to address nonuse and unreasonable use of inventions arising in work receiving federal support. NIST wants to gut … Continue reading

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Bayh-Dole support for inventors and free competition

I made this a twitter thread. I’ll post it here as well and work to round it out as I have time. It’s the flip side of being blunt about what happens under Bayh-Dole if an inventor does not assign … Continue reading

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Being blunt about Bayh-Dole operations, 2

Under Bayh-Dole, a federal contractor has no special right, and no obligation, to take ownership of inventions arising in federally supported research or development. There is nothing, absolutely nothing, in Bayh-Dole that suggests that Congress had any intention to make … Continue reading

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Being blunt about Bayh-Dole operations

Let’s be blunt. If you are a federal contractor and you don’t take/accept ownership of an invention arising in federally supported research or development, you have no Bayh-Dole obligations with regard to that invention. You do not have to get … Continue reading

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The IPA and Bayh-Dole on nonprofit assignment of subject inventions, 4

Well, now we can look at Bayh-Dole’s nonprofit assignment provision. It’s in Bayh-Dole’s specification for what must be included in a patent rights clause that runs with any funding agreement with a nonprofit or small business. Here, 35 USC 202(c)(7)(A): … Continue reading

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The IPA and Bayh-Dole on nonprofit assignment of subject inventions, 3

We are working through the approaches of the IPA master and Bayh-Dole’s standard patent rights clause to the assignment of inventions by nonprofit organizations. Unlike the IPA, which was a federal master contract made with selected organizations, Bayh-Dole is a … Continue reading

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The IPA and Bayh-Dole on nonprofit assignment of subject inventions, 2

We have looked at the IPA assignment clause. Since the IPA is specific to nonprofits, there’s no reason to call out nonprofitedness. But there is a reason then to restrict any later invention assignment to nonprofit assignees. Why? The point … Continue reading

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The IPA and Bayh-Dole on nonprofit assignment of subject inventions, 1

Norman Latker, patent counsel at the NIH, drafted Bayh-Dole on the sly, working against HEW policy on inventions to create an easier pathway by which nonprofits could pass exclusive control of inventions made in work receiving NIH funding to the … Continue reading

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