Tag Archives: Bayh-Dole

Getting off your UFRDA

Posted on September 12, 2017 by Gerald Barnett

In 1981, Senator Harrison Schmidt introduced a bill to replace Bayh-Dole with a more general law regarding inventions made with federal support, the “Uniform Federal Research and Development Act of 1981.” It doesn’t appear that the university patent brokers had … Continue reading →

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The Special Case Keeps Giving

Posted on July 8, 2017 by Gerald Barnett

Here is the special case university research invention. I have expanded it to show the logic. A special case invention is one that cannot be used without “development” and the “development” involves substantial effort at private expense and the “development” … Continue reading →

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What should the federal government do with patents it issues to itself? Part 3

Posted on July 5, 2017 by Gerald Barnett

Here is one of the most provocative parts of Vannevar Bush’s Science the Endless Frontier: Science Is a Proper Concern of Government It has been basic United States policy that Government should foster the opening of new frontiers. It opened … Continue reading →

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The NIH’s View of Bayh-Dole Compliance

Posted on July 1, 2017 by Gerald Barnett

In 2015, Ann Hammersla gave a talk at an NIH Regional Seminar that includes a discussion of Bayh-Dole. There are numerous problems with Hammersla’s treatment of Bayh-Dole, but we’ll leave most of those for the attentive reader to pick through. … Continue reading →

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A New Guide to Bayh-Dole–Outline Version

Posted on June 23, 2017 by Gerald Barnett

Here’s an alternative guide to Bayh-Dole and its doppleganger faux Bayh-Dole. There’s a whole book in here, but I’ve left out the chapter and verse documentation and the historical evidence and interviews and the like. This is not the version … Continue reading →

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The bogus argument for “mixing” research funds, 5

Posted on June 22, 2017 by Gerald Barnett

Let’s say that companies have diverse views about patenting, as the Harbridge House report documented, and some companies might decline to participate in federal research because they can’t get title to inventions and won’t settle for a mere license. We … Continue reading →

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Sublicensing in Bayh-Dole

Posted on June 20, 2017 by Gerald Barnett

Let’s look at sublicensing of inventions made with federal support. Here’s the summary: Contractors can distribute rights in subject inventions (even in advance) by assignment, substitution, and subcontracting. (35 USC 201) A contractor can grant sublicenses if it loses title … Continue reading →

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The NIH’s complicity in faux Bayh-Dole and high drug prices

Posted on June 9, 2017 by Gerald Barnett

Here’s “A ’20-20′ View of Invention Reporting to the National Institutes of Health”–published by the NIH in 1995. 2. WHAT IS THE BAYH-DOLE ACT AND WHY IS IT IMPORTANT? The Bayh-Dole Act encourages researchers to patent and market their inventions … Continue reading →

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Bayh-Dole nonsense in a talk at the University of Pittsburgh

Posted on June 7, 2017 by Gerald Barnett

Last year (March 2016), Joe Allen gave a talk at the University of Pittsburgh, “Patent Ownership Under Bayh-Dole, reported in the University Times. Called “a key architect of the Bayh-Dole Act,” Allen manages to fill a talk summary with mostly … Continue reading →

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How Bayh-Dole went wrong and what might be done, 2

Posted on May 30, 2017 by Gerald Barnett

The nature of federal research contracts Let’s work through how Bayh-Dole might have been structured. We start with the nature of federal contracts. A federal contract is not quite like a conventional contract formed under state laws. The federal government … Continue reading →

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