Tag Archives: Bayh-Dole

Bayh-Dole Basics, 8: Reasonable Terms Comments-2

Posted on June 6, 2019 by Gerald Barnett

Now we get to government rights under march in. Here we have complications. In 1968, Norman Latker, NIH’s patent counsel, revived the Institutional Patent Agreement program, under which the NIH (and later the NSF) contracted with nonprofits so that a … Continue reading →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-1

Posted on June 5, 2019 by Gerald Barnett

This will be longish. It’s a document of the details. In a world where people spout TL;DR for most any issue of substance, and want a sound bite to gulp instead, this ain’t it. Perhaps we can get all brief … Continue reading →

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Bayh-Dole Basics, 8: Reasonable Terms

Posted on May 29, 2019 by Gerald Barnett

[Short: There are two “reasonable” terms in Bayh-Dole. The first has to do with reasonable terms on offer to the public. These terms, including price, are the terms a reasonable person would expect if there were competition, even if a … Continue reading →

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Bayh-Dole is thin soup when it comes to federal innovation policy

Posted on April 18, 2019 by Gerald Barnett

NIST wants march-in for Bayh-Dole’s section 203(a)(2) and (3) to be for “national emergencies” only. Section (a)(2) concerns health or safety needs that are not “reasonably satisfied.” Section (a)(3) concerns regulatory requirements that are not “reasonably satisfied.”  But the *price* … Continue reading →

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More bad Bayh-Dole advice in the wild

Posted on April 15, 2019 by Gerald Barnett

Here are “three important questions answered” by a company specializing in Bayh-Dole compliance. (I’m sorry, Nikki. Have your people up their game.) 1) If you report an invention after the 60-day deadline, can the Government take title? Yes, the Government … Continue reading →

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Typical Bayh-Dole wrongness in the wild

Posted on April 8, 2019 by Gerald Barnett

Here’s a 2017 article on Bayh-Dole, “Bullies and Beakers: How Large Universities are Squashing Research Competition and the Contractual Remedies to Solve It,” by Jonathan Fort, then a law student, published in the Washington University Journal of Law & Policy. … Continue reading →

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9 things Bayh-Dole does not require universities to do, part 3

Posted on April 5, 2019 by Gerald Barnett

We have worked through nine things Bayh-Dole does not require. Let’s come back around and work through in detail the disclosure requirement that Bayh-Dole does not require. Bayh-Dole has a disclosure requirement that is to be placed in the default … Continue reading →

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9 things Bayh-Dole does not require universities to do, part 2

Posted on April 4, 2019 by Gerald Barnett

We are working through a list of nine things Bayh-Dole does not require universities to do. It’s worth the review because there are all sorts of claims out there–almost never contested–about what Bayh-Dole requires. Most of it is nonsense. And … Continue reading →

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9 things Bayh-Dole does not require universities to do, part 1

Posted on April 3, 2019 by Gerald Barnett

Let’s review some of the things Bayh-Dole does not require universities to do. These, despite what you may have heard. First the list, then the discussion, then an extended technical note for the folks that want detail and think perhaps … Continue reading →

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Bayh-Dole’s patent law policy on patent property rights, 2

Posted on April 2, 2019 by Gerald Barnett

We are working through Bayh-Dole’s statement of policy at 35 USC 200 on the premise that this statement of policy, a part of patent law, has a material effect on the patent property rights of all inventions within the scope … Continue reading →

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