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Tag Archives: Bayh-Dole
Bayh-Dole’s patent law policy on patent property rights, 1
Bayh-Dole, part of federal patent law, starts with a statement of “Policy and Objective” at 35 USC 200. Usually, commentators treat this bit as “preamble” or “a restatement of legislative intent” or, bluntly, inoperative fluff. The commentators are wrong. 35 … Continue reading
How Bayh-Dole Is Intended to Work, circa 1992, Part 3
We are still working through a passage in a law article from 1992 that sets out how Bayh-Dole is intended to work and addresses questions of faculty ownership of inventions. The issue is not with the author of an article … Continue reading
Is this what Congress intended when it passed Bayh-Dole?
Would Congress have passed Bayh-Dole if things had been stated clearly? It is the policy and objective of Congress that nonprofit organizations should, for inventions arising in federally supported research or development: strip inventors of their common law rights in … Continue reading
How Bayh-Dole Is Intended to Work, circa 1992, Part 2
We are working through a paragraph from a law review article from 1992, taken perhaps out of context, but setting out how Bayh-Dole was “intended” to work. Our problem is not so much with the law professor who wrote the … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged 15 USC 2218(d), Bayh-Dole, blackbirds, fantasy, intention
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How Bayh-Dole Is Intended to Work, circa 1992, Part 1
I found a passage quoted from an article from 1992 in Wisconsin Law Review–“Faculty Generated Inventions: Who Owns the Golden Egg?” by Pat K. Chew, a distinguished law professor now at the University of Pittsburgh. Chew describes how Bayh-Dole is … Continue reading
Invention Option Theory and Bayh-Dole Crock Work
At one point, many years ago, I thought Bayh-Dole was totally clever. I was very wrong, but here’s how I thought Bayh-Dole worked. The federal government had a general claim under federal law to own any invention made under federal … Continue reading
Posted in Agreements, Bayh-Dole, History
Tagged Bayh-Dole, blueberries, crock, elect, IPA, option
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Fantasy depictions of technology transfer, 3
Despite all this discussion of university fantasy depictions of a technology transfer process, their invocation of the Bayh-Dole Act as their justification, and the reality that actual practice is nowhere like their depictions of process, success, or history, there are … Continue reading
Posted in Bayh-Dole, Innovation, Policy
Tagged 35 USC 287, ants, Bayh-Dole, Dean Baker, repeal
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On reasonable terms
Here is the definition of to the point of practical application in the Federal Procurement Regulation, finalized in 1975, just five years before Bayh-Dole (41 CFR 1-9.107-5(a)(5)): “To the point of practical application” means to manufacture in the case of … Continue reading
The FPR criteria for invention ownership–2
We are talking the proposed goals for federal policy on the disposition of inventions made in projects worthy of federal support, circa 1973, by way of a Department of Commerce committee report. The report recommended as goals for deciding ownership … Continue reading
The FPR criteria for invention ownership–1
In June 1973, The Executive Subcommittee of the Federal Council for Science and Technology’s Committee on Government Patent Policy at the U.S. Department of Commerce, tasked with the codification of the patent policy established by President Nixon, made the following … Continue reading
Posted in History, Policy
Tagged availability, Bayh-Dole, expeditious, Federal Procurement Regulations
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