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Tag Archives: Bayh-Dole
Whistling all the way to the bank, revisited 1
Back in 2010, I wrote an article titled “Whistling all the way to the bank.” The article explored the problem of compensation tied to the argument that the Bayh-Dole Act was a “vesting statute” that vested ownership of inventions made … Continue reading
Posted in Bayh-Dole, Stanford v Roche
Tagged Bayh-Dole, class action, eminent domain, invention, Stanford v Roche, status, vesting
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Bayh-Dole in another simple diagram
Bayh-Dole conflates three distinct forms of federal contracting for research and then moves one form–university-hosted research–into the category of another, procurement from commercial firms. Here’s the diagram: The effect of Bayh-Dole is depicted by the blue arrows. The box … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, invention, patent, Science the Endless Frontier, Vannevar Bush
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Bayh-Dole’s Public Covenant, 5
The Necessity of Government Action Under Its Non-exclusive Licenses Let’s look at two arguments why the government must act on its licensed rights in subject inventions. The first argument has to do with the rhetoric of Bayh-Dole. If the government … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged Bayh-Dole, public covenant, reasonable terms, subject invention
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Illusions of Bayh-Dole: “manufactured substantially” 3
The start of this article is here. The fourth installment is here. [Bayh-Dole’s section 204 (35 USC 204) permits federal agencies to waive the requirement that exclusive licenses to use or sell in the United States must require product sourced … Continue reading
Posted in Bayh-Dole
Tagged 35 USC 204, Bayh-Dole, manufactured substantially, similar terms, waiver
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Illusions of Bayh-Dole: “manufactured substantially” 2
The start of this article is here. We are taking apart section 204 of the Bayh-Dole Act, the “Preference for United States manufacturing” that ends up being almost useless for its purpose. But to get there, we have to go … Continue reading
Posted in Bayh-Dole
Tagged 204, Bayh-Dole, manufactured substantially
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Illusions of Bayh-Dole: “manufactured substantially” 1
Let me show you how empty the Bayh-Dole provision on “Preference for United States Industry” (35 USC 204) is. According to its terms, this provision is the single most important piece of federal patent policy. For convenience, here’s the provision: … Continue reading
Bayh-Dole’s only purpose is to exploit public suffering for profit
The Bayh-Dole Act was created to permit the pharmaceutical industry to gain patent monopolies over inventions in medicinal chemistry made with federal government support. I have been through the history. I have worked through law for a decade. I practiced … Continue reading
Posted in Bayh-Dole, Policy, Stanford v Roche
Tagged Bayh-Dole, bluster, Stanford v Roche
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The Biddle Report’s Perfectly Fine Assumptions
From time to time, I revisit territory. I wrote about this issue almost two years ago, now. I provide here a different angle that gets at the same point. Here’s Sean O’Connor proposing that a flawed assumption in the U.S. … Continue reading
Posted in Bayh-Dole, History, Policy, Stanford v Roche
Tagged assignment, assumption, Bayh-Dole, Biddle, faux, O'Connor
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Bayh-Dole and Clauses for domestic contracts, 1-9.107-6
Here’s Bayh-Dole’s definition of “subject invention”: The term “subject invention” means any invention of the contractor conceived or first actually reduced to practice in the performance of work under a funding agreement: Provided, That in the case of a variety of plant, … Continue reading
Posted in Bayh-Dole, History
Tagged Bayh-Dole, policy, subject invention
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University Confusion Over Bayh-Dole and Copyright, 1
[This article comments on an article at Emory University’s technology transfer office’s web site. The article has finally been removed, so I have in turn removed some identifying elements. I’m keeping this article up, however, for the discussion of Bayh-Dole … Continue reading