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Tag Archives: Bayh-Dole
Drexel’s Bogus Description of Bayh-Dole, 2
We are working through Drexel’s bogus badness about Bayh-Dole, hoping in the process to learn something not bogus about Bayh-Dole–and to see just how sloppy, loose, and confused Drexel folks are about Bayh-Dole, and by extension about technology transfer. Drexel’s … Continue reading
Drexel’s Bogus Description of Bayh-Dole, 1
Drexel University’s Office of Research and Innovation has a discussion of the Bayh-Dole Act posted at their web site. They get almost everything wrong about Bayh-Dole–but one thing perfectly right! Let’s work through their bogus badness, and in the process … Continue reading
Five Steps to Restoring an Effective University IP Practice, Step 5
We have been working through five steps to restore a university’s IP practice to something that. might be modestly effective. Abandon AUTM, which has worked for decades against effective IP policy and practices. Abandon compulsory university ownership claims. You may … Continue reading
Posted in Freedom, Policy, Sponsored Research
Tagged Bayh-Dole, open access, TLO
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Latkerstein’s Monster, 1
I ran a Twitter thread on this topic. Here’s more of the same. The Bayh-Dole Coalition describes Bayh-Dole as part of a “delicate balance of the university techtransfer system.” My experience differs. There is no “delicate balance.” Bayh-Dole is a … Continue reading
Why the NIH fuss with Moderna over inventorship doesn’t matter, but does
The New York Times ran a story today that Moderna and the NIH are having a spat over inventorship on a patent application covering aspects of the Moderna mRNA vaccine. The N.I.H. had been in talks with Moderna for more … Continue reading
How they screwed over Senator Long and inventors after Bayh-Dole
The miracle of Bayh-Dole came about, so the story is told, because Senator Long, the arch-critic of Bayh-Dole (“the worst bill I’ve seen in my life”), suddenly flipped his position to give Senator Bayh a consolation gift for losing his … Continue reading
Bayh-Dole’s anti invention-flipping provision for nonprofits, or where’s that $250B?
Let’s look at Bayh-Dole’s anti-invention flipping protection of the public, aimed at nonprofits. Here’s the text, at 35 USC 202(c)(7)(A): In the case of a nonprofit organization, (A) a prohibition upon the assignment of rights to a subject invention in … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, exclusive license, flip
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What Bayh-Dole has stolen from us
In an article published August 29, 2021 in The Intercept, Alexander Zaitchik describes the passage of the Bayh-Dole Act as “The Great American Science Heist,” with the subtitle “How the Bayh-Dole Act Wrested Public Science From the People’s Hands.” He … Continue reading
Posted in Bayh-Dole, History, Technology Transfer, Vannever Bush
Tagged Bayh-Dole, Rickover, Zaitchik
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Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk, 3
Norman Latker, formerly patent counsel at the NIH and chief architect of Bayh-Dole and its extension by Presidential memorandum to all federal contracting, argues that if federal inventions are not privately owned and exploited for their exclusionary and financial value, … Continue reading
Posted in Bayh-Dole, History, Policy
Tagged Bayh-Dole, exclusive license, Latker, risk capital
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Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk, 2
Let’s return to Norman Latker’s talk from 1984, “Federal Initiatives for Innovation.” Keep in mind, Latker drafted the IPA master agreement, the Bayh-Dole Act, Reagan’s 1983 memorandum that displaced the Kennedy and Nixon patent policies, the 1984 amendments to Bayh-Dole … Continue reading