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Tag Archives: Bayh-Dole
“Promote” in Bayh-Dole, 2
The meaning of “promote” in Bayh-Dole gets dealt with, though indirectly, in Public Citizen v. NIH (2002). In this case, Public Citizen, an advocacy group, sued the NIH in an effort to get the NIH to disclose certain particulars of … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, deeply troubling, Public Citizen, sucks
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“Promote” in Bayh-Dole, 1
In 2002, a district court provided an implicit interpretation of a key word in the Bayh-Dole Act. No, not “of”–but rather “promote.” Let’s look at “promote” in Bayh-Dole, and then at the case. The first section of Bayh-Dole, 35 USC … Continue reading
NIST’s Explanation of the Addition of an Assignment Requirement
NIST added an assignment requirement to the standard patent rights clause authorized by Bayh-Dole. There’s no authority in Bayh-Dole, however, for an assignment requirement. The Supreme Court in Stanford v Roche made clear that Bayh-Dole does not vest ownership, does … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, NIST, subject invention
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NIST does not understand the government license in Bayh-Dole
NIST has issued a draft green paper that consolidates all the fake history, pseudo data as fact, misrepresentations of Bayh-Dole, and misconceived proposals all in one convenient place. I can’t hope to catch everything, but let’s take a look at … Continue reading
Nine Points to Consider (with regard to AUTM’s licensing survey), 8-9
We are considering nine points with regard to AUTM’s annual licensing survey. We have got through seven points–not validated and with estimates, duplicate reporting, conflating technology and invention, activity measures giving the illusion of a process at work, no reporting … Continue reading
Nine Points to Consider (with regard to Bayh-Dole)
No matter how one takes apart the assertions of the advocates for the Bayh-Dole Act, they just keep coming back, like some obsessive combatant out of Road Warrior. In the articles here at Research Enterprise, I have documented and reasoned … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, fake, fake data, fake history, unfunded mandate
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On advocative fakery of Bayh-Dole
Advocates of Bayh-Dole tell a fake history. They say that before Bayh-Dole, the federal government owned all inventions made with federal support. They say that Bayh-Dole gave universities the right to take ownership of inventions made with federal support. They … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, monopoly meme, policy
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Nixon’s Need and Encouragement
In a series of articles we have dealt with the monopoly meme. The monopoly meme argues that the true purpose of patents is the corporate right to exclude all others from practicing an invention. Without this right of exclusion, so … Continue reading
15 USC 2218(d)
[updated to make clear 15 USC 2218(d) is specific to fire prevention and control legislation] A federal statute passed in 1974 establishes a federal policy with regard to inventions made with federal support–15 USC 2218(d), part of a fire safety … Continue reading
Posted in Bayh-Dole, Policy
Tagged 15 USC 2218, Bayh-Dole, FARs, Federal Procurement Regulations, preemption
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“Government” rights in federally supported inventions, 2
We might ask, then, what happens if a contractor does not acquire ownership of an invention made in the performance of work under a federal funding agreement. The answer is that the Nixon patent policy as revised remains in effect, … Continue reading
Posted in Bayh-Dole, Policy
Tagged Bayh-Dole, contractor, slop, subject invention
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