Tag Archives: Bayh-Dole

Five ways to attack Bayh-Dole corruption, short of repeal

Posted on May 10, 2017 by Gerald Barnett

Powerful interests protect Bayh-Dole. But Bayh-Dole should be repealed. Heck, 23 senators led by Sen. Harrison Schmitt tried to do that the year after Bayh-Dole was passed, to replace Bayh-Dole with a comprehensive law regarding research inventions! But short of … Continue reading →

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Seven Pillars of Bayh-Dole, the Law that Loots the Commons

Posted on May 9, 2017 by Gerald Barnett

I’ve spent more than a few months now focused on Bayh-Dole and its history. It’s worth taking a moment and summarizing some findings. Perhaps this could be the start of a new guide to the Bayh-Dole Act, told from the … Continue reading →

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The sound and fury of nonprofit assignments of subject inventions

Posted on May 7, 2017 by Gerald Barnett

Over the past few months I have returned the issue of exclusive licenses and assignments in Bayh-Dole. Here’s the operative requirement for nonprofits (35 USC 202(c)(7)(A)): (7) In the case of a nonprofit organization, (A) a prohibition upon the assignment of … Continue reading →

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Going to Eleven on NIST and (f)(2)

Posted on May 6, 2017 by Gerald Barnett

NIST is drafting new rules for the standard patent rights clause authorized by Bayh-Dole. Included in the proposed new provisions is a requirement that contractors require the assignment of inventions to the contractor. This is a bad idea. Besides, it’s … Continue reading →

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Bayh-Dole’s restrictions on Pigpen use of licensing income, I

Posted on May 1, 2017 by Gerald Barnett

Here’s a part of Bayh-Dole that’s odd. It is a requirement for a provision in the standard patent rights clause specific to nonprofits, 35 USC 202(c)(7)(C): (7) In the case of a nonprofit organization … (C) … a requirement that the balance of … Continue reading →

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Getting at the truth about Bayh-Dole’s impact, Part 5

Posted on April 21, 2017 by Gerald Barnett

Now we get to the crunch of Catherine Kirby’s blog article–published at a Rice University web site for entrepreneurship–with the section “Did the Bill Work?” Since the passage of the Bayh-Dole Act, more than 5,000 new companies have formed from federally … Continue reading →

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Use the government license in Bayh-Dole

Posted on April 18, 2017 by Gerald Barnett

According to news reports (here’s where I first read about it–follow the link there to the article in the Baltimore Sun), the state of Maryland is attempting to deal with high drug prices through legislation that gives the state the right … Continue reading →

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Bayh-Dole Secrecy, Part 10

Posted on April 14, 2017 by Gerald Barnett

The 1984 change to Bayh-Dole conflates information that must be disclosed by federal agencies under FOIA with information that federal agencies must exclude from FOIA disclosure. This conflation itself violates FOIA. Bayh-Dole does not declare as a matter of law … Continue reading →

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Bayh-Dole Secrecy, Part 9

Posted on April 12, 2017 by Gerald Barnett

The Bayh-Dole secrecy provisions ensure that there will not be public accountability that might challenge the illusion and the practices that take place behind its appearances. Thus, there is no use data for federally supported inventions. There is no licensing … Continue reading →

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Circumventing Bayh-Dole, Bonus Fitt

Posted on April 8, 2017 by Gerald Barnett

[updated to expand on the limits on government-side licensing once the (e) exploit is in operation–5/19/17 added account of antecedent of provisions (e), (f), and (g) in the FPR 10/6/19] There is one more circumvention in Bayh-Dole that can be … Continue reading →

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