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Tag Archives: Bayh-Dole
Bayh-Dole for university faculty
Let’s put Bayh-Dole plainly for university faculty. Under federal patent law, inventors own their inventions. Federal patent law does not require inventors to use the patent system. Federal patent law does not require inventors to assign their inventions. Bayh-Dole is … Continue reading
Posted in Uncategorized
Tagged 37 CFR 401.9, Bayh-Dole, faculty, standard patent rights clause
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Three ways Bayh-Dole advocates abuse their audiences
Folks who advocate for Bayh-Dole generally abuse their audiences three ways. First, they recite fake history. Bayh-Dole did not make any great change in ownership of inventions made in projects receiving federal support, especially for universities. Prior to Bayh-Dole, contractors … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, fake history, misrepresentation, proxy data
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The rule of law
Let’s look at Bayh-Dole and subject inventions from another angle. Same material as in our last article, developed a bit differently. Nothing in federal patent law requires an inventor to use the patent system. Nothing in federal patent law vests … Continue reading
Bayh-Dole applies only to subject inventions
Bayh-Dole has three parts–a contracting part, a federal licensing part, and a general part. The general part includes 35 USC 200 (statement of policy and objectives), 35 USC 210 (precedence and general requirements), and 35 USC 211 (antitrust). When people … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, contractor, standard patent rights clause, subject invention
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The AUTM CEO’s Speech, Fitt 4
We are about done with the AUTM CEO’s speech at the NIST symposium on “unleasing American innovation.” Yes, it is trash, so we are trashing it. But there’s a purpose here. It’s not just that there is a difference of … Continue reading
The AUTM CEOs Speech, Fitt 2
We are working through a speech that the CEO of the Association of University Technology Managers gave at a recent symposium sponsored by NIST with the dubious title “Unleashing American Innovation.” Our CEO has made pompous claims about his organization … Continue reading
The AUTM CEOs Speech, Fitt 1
As part of NIST’s recent symposium on “unleashing American innovation,” the CEO of the Association of University Technology Managers (AUTM) read a talk. Let’s work through his talk and see what we can learn. I have made a transcript so … Continue reading
A law firm opines about a NIST rule, and I opine about the opining
A law firm gives an overview of the new NIST regulations for Bayh-Dole. It leads with fake history. Not a good sign. First enacted in 1980, the Bayh-Dole Act (as amended, the “Act”) for the first time permitted research institutions … Continue reading
Bayh-Dole? Nope.
A bill that drastically changed the United States patent system made it through the legislature without substantial debate. Bayh-Dole? Nope. But sure sounds familiar. House Bill 3610 passed during an all-night session of the House without even a committee hearing. … Continue reading
The NIH’s View of Bayh-Dole Compliance, 8
We are working through the NIH’s policy manual on Bayh-Dole. We reach a helpful list. Some of the steps required by the regulation to retain intellectual property rights to subject inventions include: Report all subject inventions to NIH. Make efforts … Continue reading