Tag Archives: Bayh-Dole

The Rat in Bayh-Dole’s Rotten Pickle Barrel: 35 USC 202(c)(5)

Posted on December 6, 2017 by Gerald Barnett

Most of the Bayh-Dole pundits out there in the university patent and license world have never understood Bayh-Dole. I’m not sure all that many have read the statute. Certainly if they did so, they read without comprehension. Take this recent … Continue reading →

Posted in Bayh-Dole, Freedom | Tagged , | Comments Off on The Rat in Bayh-Dole’s Rotten Pickle Barrel: 35 USC 202(c)(5)

Assignment of subject inventions, not assignment of patents

Posted on November 22, 2017 by Gerald Barnett

Let’s make something really clear about inventions and patents. Courts have repeatedly held that an assignment of an invention is made when all substantial rights in an invention are conveyed, whether by assignment or exclusive license. The rights to make, … Continue reading →

Posted in Bayh-Dole | Tagged , , , | Comments Off on Assignment of subject inventions, not assignment of patents

Bogus intended incentives of the patent system

Posted on November 14, 2017 by Gerald Barnett

Here is an article espousing the virtues of the Bayh-Dole Act: “Shooting Ourselves in the Foot” by Joe Allen, posted by the University of Rochester’s Office of Technology Transfer with a head note about how terrible it would be to … Continue reading →

Posted in Bayh-Dole, Bozonet | Tagged , | Comments Off on Bogus intended incentives of the patent system

Two ways to turn an invention into a subject invention, 2

Posted on November 2, 2017 by Gerald Barnett

The complicated (f)(2) approach Now consider the complicated approach under (f)(2). The university has to somehow compel inventors to assign all inventions to the university, even though (f)(2) requires the university to require inventors to promise to establish the government’s … Continue reading →

Posted in Bayh-Dole | Tagged , , | Comments Off on Two ways to turn an invention into a subject invention, 2

Two ways to turn an invention into a subject invention, 1

Posted on November 1, 2017 by Gerald Barnett

[this article refers to Bayh-Dole’s implementing regulations before NIST’s May 2018 changes–37 CFR 401.14(a) becomes 37 CFR 401.14, and NIST adds a goofball assignment clause under which contractors must require inventors to assign subject inventions–inventions that the contractors already own. … Continue reading →

Posted in Bayh-Dole | Tagged , , , | Comments Off on Two ways to turn an invention into a subject invention, 1

There Is No Bayh-Dole Compliance for Universities

Posted on October 30, 2017 by Gerald Barnett

There is no Bayh-Dole compliance for universities. I know. This goes against everything you’ve heard. But really, let’s get real. Five points. Bayh-Dole applies to federal agencies and to the scope of patent property rights, not to universities. Bayh-Dole applies … Continue reading →

Posted in Bayh-Dole | Tagged , | Comments Off on There Is No Bayh-Dole Compliance for Universities

University of Misery’s IP Policy Scam, 15

Posted on October 25, 2017 by Gerald Barnett

In Bayh-Dole, the definition of “subject invention” is not a matter of defining a term in a federal contract. Bayh-Dole is part of federal patent law, so “subject invention” is a definition of patent law. A subject invention is a … Continue reading →

Posted in Bayh-Dole, History, Policy | Tagged , , , , | Comments Off on University of Misery’s IP Policy Scam, 15

Kill Bayh-Dole

Posted on October 18, 2017 by Gerald Barnett

The Bayh-Dole desperation continues. Now Bio has released its very own fakographic, citing impressive-sounding numbers with no foundation in fact, a fake history that exists in the minds of a few pundits, and perpetuates a fraud on the public that … Continue reading →

Posted in Bayh-Dole | Tagged , , , , , , | Comments Off on Kill Bayh-Dole

Bayh-Dole the Monster

Posted on September 25, 2017 by Gerald Barnett

The Bayh-Dole Act makes a great deal about public interest. Throughout the law are gestures toward worthy objectives–use of inventions, manufacturing in the United States, government licenses, and the right of federal agencies to step if they need to. But … Continue reading →

Posted in Bayh-Dole, Stanford v Roche | Tagged , , , , , | Comments Off on Bayh-Dole the Monster

The Key Provisions of Bayh-Dole

Posted on September 20, 2017 by Gerald Barnett

Now, with all that fusstation from the University of Pittsburgh out of the way, we might ask then what are the “key provisions” of Bayh-Dole that a university should make faculty and the public aware of. Only One Key Provision … Continue reading →

Posted in Bayh-Dole, Policy, Technology Transfer | Tagged , , , , , , | Comments Off on The Key Provisions of Bayh-Dole