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Tag Archives: Bayh-Dole
The Basic Policy Question Behind Bayh-Dole
There’s one simple issue: Should the federal government subsidize with public funding for nonprofit research the creation of patent monopolies? There it is. The answer that has dominated for thirty-five years is “Yes.” How comfortable are you with that? Gut-level? … Continue reading
Posted in Bayh-Dole, Bozonet, Policy, Sponsored Research, Technology Transfer
Tagged Bayh-Dole, federal funding, IPA, patent policy, research, scheme
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We are not talking about the rainbows
A while ago, Research Enterprise argued that the “manufactured substantially” requirement in Bayh-Dole, for all its gesture toward American manufacturing, is a nearly empty requirement. Absurdly narrow, easy to circumvent, waivable by federal agencies (“we tried and failed” or “we … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, pharmaceutical industry, pipeline, rainbows
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University of Connecticut patent practice hash, 3
Here’s UConn’s policy on invention ownership: Under Connecticut state law, the University owns all inventions created by employees in the performance of employment with the University or created with University resources or funds administered by the University (“University Inventions”). No … Continue reading
Posted in Bayh-Dole, Policy
Tagged (f)(2), 10a-110a, academic freedom, Bayh-Dole, Connecticut General Statutes, Moloch beer
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University of Connecticut patent practice hash, 2
The definition of subject invention in federal funding agreements is not a matter of university administrator preference. Either an invention meets the definition of subject invention or it doesn’t. The administrator’s job is to gather the documentation that provides the … Continue reading
Posted in Bayh-Dole, Policy
Tagged 37 CFR 401.14, Bayh-Dole, Connecticut, disclosure, invention, patent
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University of Connecticut patent practice hash, 1
Let’s work through the University of Connecticut’s intellectual property practice on disclosure and ownership of inventions. We will start in the middle, with a disclosure form–much like a university inventor might do. UConn has an “Innovation Alert” web “portal” that … Continue reading
Posted in Bayh-Dole, Present Assignment, Stanford v Roche
Tagged Bayh-Dole, Connecticut, invention disclosure, Moloch beer, present assignment, Stanford v Roche
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Subject invention reporting and federal funding agreements
It would be interesting to see an audit of university invention reporting practices, especially in light of the definition of “funding agreement” and what it means for an invention to be made “in the performance of work under a funding … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, funding agreement, nonprofit, patent rights clause, subject invention
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The effect of eliminating Bayh-Dole invention reporting
The invention reporting requirement is fussy bureaucracy as it is presently practiced. Federal agencies appear to do nothing with the information reported other than to run up costs at taxpayer expense to receive the information. Nothing meaningful happens as a … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, enforcement, kill Bayh-Dole, patent right clause, shadow patent office, subject invention
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Why universities might fail to report subject inventions
James Love asks why universities fail to report subject inventions. The question might seem rather odd, because in practice Bayh-Dole has been construed to give university administrators incentives to expand the definition of subject invention and so claim anything and … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, invention disclosure, KEI, reporting, subject invention
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Nonprofit assignment of subject inventions in the standard patent rights clause 37 CFR 401.14(a)(k)(1)
[As of May 14, 2018, NIST has relettered things so the reference is now 37 CFR 401.14(k)(1)–there cannot be multiple standard patent rights clauses anymore–just one big honking one with a maze of conditionals.] Universities ubiquitously claim as a matter … Continue reading
Posted in Bayh-Dole
Tagged (k)(1), 35 USC 202(c)(7), assignment, Bayh-Dole, subject invention
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GAO reports Bayh-Dole is a do WTF you want law
Bayh-Dole is a do WTF you want law. Don’t take my word for it. You don’t even have to go read the law to see what I have been talking about. Here, check out this report from the GAO, for … Continue reading