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Tag Archives: Bayh-Dole
The monopoly meme, 2
To get at the rhetorical workings of the monopoly meme, we are working our way through Howard Bremer’s testimony before a Senate subcommittee discussing S. 1215, an alternative bill to Bayh-Dole that was being considered after S. 414 had failed … Continue reading
The monopoly meme, 1
There’s a meme that has floated around patent management discussions for decades. It goes something like this: “What is available to all will be used by none.” Here’s an instance from the National Patent Planning Commission report (c. 1945): It … Continue reading
Federally supported inventions and public trusts
In 1933, the Supreme Court considered a claim by the United States that two employees of the National Bureau of Standards must give up a patent they had obtained on improvements to radio technology (United States v Dubilier Condenser Corp). … Continue reading
Undisclosed subject inventions made in development and commercialization contracts
A note on subject inventions not disclosed under Bayh-Dole–and a place for auditors to romp and play as auditors are wont to do, if auditors were ever to romp and play with regard to anything consequential in Bayh-Dole. What follows … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, fantasy, funding agreement, subject invention
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Bayh-Dole’s Ruby Slippers
This is a story about 35 USC 201(b), 35 USC 202(a), 37 CFR 401.9, and 37 CFR 401.14(f)(2) and (g)(1). These provisions of Bayh-Dole, implementing regulations, and standard patent rights clause, when read together, create ruby slippers. [I’ve revised the … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), 35 USC 202(a), Bayh-Dole, contractor, ruby slippers, subject invention
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More Impractical Advice About NIST’s Changes to Bayh-Dole’s Regulations
NIST–can’t live with them, but law firms sure can. Here’s another law firm popping off about NIST’s recent revisions to Bayh-Dole’s implementing regulations and standard patent rights clause. Keep in mind that NIST’s chief counsel is already on record not … Continue reading
Posted in Bayh-Dole, Bozonet, Stanford v Roche
Tagged (f)(2), Bayh-Dole, clueless, garble, impractical advice, NIST, present assignment, ridiculous
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Illusions of Bayh-Dole: “manufactured substantially” 4
Previous articles in the series are here, here, and here. The series continues here and here. There’s a simple point to make about Bayh-Dole’s section 204 requirement that exclusive licenses to use or sell products based on a subject invention … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged 204, Bayh-Dole, clown, manufactured substantially, rabbit hole
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Ten Year Note
Ten years ago, on September 4, 2008, I started the Research Enterprise blog. My idea was to use the blog to document what I had learned about university-based technology transfer over 15 years of licensing practice, and to describe ways … Continue reading
Posted in Bayh-Dole, Innovation, Policy, Technology Transfer
Tagged audit, Bayh-Dole, compliance, misrepresentations, subject invention, WTF
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Exceptional Circumstances in Bayh-Dole, 10
We have been circling around the central problem of “exceptional circumstances” in Bayh-Dole. The law works to allow organizations to make decisions about patent monopolies that preempt other statutes–ones that “require a disposition of rights inconsistent” with Bayh-Dole’s arbitrary preemption … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, exceptional circumstances, policy and objective, preemption, public interest
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Who Owns Digital Learning Resources?–4
Now let’s deal with “digital” educational works in the context of university intellectual property claims. This is something I’ve spent a couple of decades dealing with. The Department of Education published its final rule in January 2017, requiring open licensing … Continue reading
Posted in Commons, Freedom, Open Source, Policy, Projects
Tagged Bayh-Dole, Department of Education, licensing, open
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