Tag Archives: Bayh-Dole

Guide to Bayh-Dole by the Layers, 1

Posted on April 16, 2018 by Gerald Barnett

[4/30/18: fixed an editing artifact, bringing together text on “housekeeping” into a single section where it belongs] A helpful way to look at Bayh-Dole is as a set of layers of law, regulation, contracting, enforcement, and outcomes. There are at … Continue reading →

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The Faster Cures FAQ on Bayh-Dole, 5

Posted on April 13, 2018 by Gerald Barnett

We are working through the Faster Cures FAQ on Bayh-Dole. This is the last bit. 7. What have the impacts of Bayh-Dole been? Bayh-Dole has both passionate supporters and detractors. Advocates argue that it has brought the results of federally … Continue reading →

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Pissed at NIST, short form

Posted on April 13, 2018 by Gerald Barnett

Supreme Court: Bayh-Dole applies only to subject inventions. Subject inventions are ones owned by a contractor. Congress did not intend a sea-change in initial invention ownership. Bayh-Dole does not apply to inventions made in projects with federal support until contractors … Continue reading →

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NIST makes Bayh-Dole a vesting statute

Posted on April 12, 2018 by Gerald Barnett

NIST has issued its final rule on Bayh-Dole and disregards the Supreme Court on the ownership of subject inventions. The Supreme Court was clear that Bayh-Dole’s definition of subject invention means that an invention must be “owned by the contractor” to … Continue reading →

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The Faster Cures FAQ on Bayh-Dole, 4

Posted on April 12, 2018 by Gerald Barnett

We are working through the Faster Cures FAQ on Bayh-Dole. 5. What are march-in rights, and what does Bayh-Dole say about them? Has the government ever exercised its march-in rights? Bayh-Dole requires federal agencies to include a right to “march-in” and … Continue reading →

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The Faster Cures FAQ on Bayh-Dole, 3

Posted on April 11, 2018 by Gerald Barnett

We are working through the Faster Cures FAQ on Bayh-Dole. 4. What requirements does Bayh-Dole place on universities? None. Bayh-Dole applies to federal agencies, not to universities. It’s only loose chatter to say that Bayh-Dole requires universities to do anything. … Continue reading →

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The Faster Cures FAQ on Bayh-Dole, 2

Posted on April 10, 2018 by Gerald Barnett

We are working through the Faster Cures FAQ on Bayh-Dole. 2. What does Bayh-Dole say about the ownership of inventions and technologies? Pursuant to Bayh-Dole, universities and other nonprofit organizations that receive federal funding, may “elect to retain title to … Continue reading →

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The Faster Cures FAQ on Bayh-Dole, 1

Posted on April 9, 2018 by Gerald Barnett

Faster Cures has at its web site a FAQ on Bayh-Dole. Let’s work through their account of Bayh-Dole and help them where they appear challenged. 1. What is the Bayh-Dole Act? Co-sponsored by Senators Birch Bayh of Indiana and Robert … Continue reading →

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Political bluffing as Bayh-Dole policy advice, 2

Posted on April 6, 2018 by Gerald Barnett

This, then, is the “policy” of Bayh-Dole that Allen champions–that nonprofits can and should deal in patent monopolies. Some historical bluffing from Allen’s policy advice (his emphasis): At that time the federal government funded about half of the R&D in … Continue reading →

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Political bluffing as Bayh-Dole policy advice, 1

Posted on April 5, 2018 by Gerald Barnett

In a once-notorious essay (“Is Business Bluffing Ethical“) Albert Carr, a former presidential advisor, argues that business “bluffing” is ethical because business is based on games, and in games bluffing is perfectly acceptable. Same for politics. If everyone expects everyone … Continue reading →

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