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Tag Archives: Bayh-Dole
Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 1
There is a big divide regarding what Bayh-Dole was supposed to accomplish with regard to the use of patents on publicly funded research. On one side is the view that publicly supported research should be freely or otherwise reasonably available … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, Medivation, subject invention, UCLA, WTF, Xtandi
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The devils in the details: Bayh-Dole supports academic freedom, 2
Part 1 of this article is here. By requiring the contractor to require “technical” employees to make a written agreement, (f)(2) does some fundamental things within the framework of definitions set up by Bayh-Dole. Watch the devils tumble out in … Continue reading
Posted in Bayh-Dole, Bozonet, Freedom, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, devil, patent, subject invention, WARF
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Enforce Bayh-Dole To Reform Bayh-Dole
I posted the first half of an article that lays out how Bayh-Dole, if university adminstrators complied with the law and its patent rights clause, would support the academic freedom of faculty inventors. I also pushed a related tweet thread … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), 35 USC 200, Bayh-Dole, Darth Vader, enforce
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The devils in the details: Bayh-Dole supports academic freedom, 1
Bayh-Dole supports the academic freedom of faculty inventors. University administrators refuse to comply. Here, we walk through the law, the implementing regulations, the various patent rights clauses to show the result. Fair warning to university administrators reading this piece. I … Continue reading
Posted in Bayh-Dole, Bozonet, Freedom, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.14, 37 CFR 401.9, academic freedom, Bayh-Dole, contractor, funding agreement, patent, subject invention, turdly
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The IPA and Wisconsin’s 1969 Patent Policy, Table of Links
In May 2017 I wrote a series of articles that traced the development of the University of Wisconsin’s patent policy, how the Wisconsin Alumni Research Foundation shaped federal policy to disenfranchise faculty inventors in favor of its own money-making ventures … Continue reading
Bayh-Dole Basics, 5: invention assignment comments
Here is a basic distinction. Bayh-Dole prohibits nonprofits from assigning subject inventions except to an invention management organization or with the approval of the federal agency–and then only if the assignee accepts the nonprofit patent rights clause. Bayh-Dole says nothing … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, exclusive license, GTRC, patent, subject invention, substantial rights, title
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Bayh-Dole Basics, 4: contractor comments
Bayh-Dole defines anyone on the other side of a funding agreement from a federal agency as a contractor. The term is arbitrary and misleading. Let’s look at both aspects. The standard patent rights clause requires the contractors that host federally … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), 37 CFR 401.14(a), 37 CFR 401.9, Bayh-Dole, contractor, faux, predatory, small business, Stanford v Roche, subcontract
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Bayh-Dole basics, 3: funding agreement comments
Bayh-Dole uses the definition of “funding agreement” for much heavy lifting. The definition does much more than merely restrict Bayh-Dole’s interest to grants, contracts, and cooperative agreements. The definition establishes the scope of the law to include experimental work, developmental … Continue reading
Posted in Bayh-Dole
Tagged 37 CFR 401.14, 37 CFR 401.9, aztec, Bayh-Dole, boogers, contractor, development, funding agreement
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Bayh-Dole Basics, 3: funding agreement
Bayh-Dole requires federal agencies to use a standard patent rights clause in every funding agreement for experimental work, development, or research, unless they can justify something different. A “funding agreement” is defined (35 USC 201(b)) as any contract, grant, or … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, funding agreement
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Bayh-Dole basics, 2: subject invention comments
There are three categories of invention in Bayh-Dole–inventions arising in federally supported research or development, subject inventions, and inventions owned by the federal government. The general scope of Bayh-Dole given in 35 USC 200 is that of “inventions arising in … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, invention, patent, subject invention
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