Search the RE article base
Contact Information
Twitter
My TweetsUseful Web Sites
Tag Archives: Bayh-Dole
Bayh-Dole Secrecy, Part 7
The story so far: Bayh-Dole’s secrecy provision regarding reports of invention use was changed in 1984 to make it appear that federal agencies had no discretion in the matter, and that they “shall” treat all information in invention use reports … Continue reading
Exclusive License and Assignment
I have discussed in a number of articles the issue of exclusive license and assignment for inventions. The distinction matters under Bayh-Dole because Bayh-Dole’s standard patent rights clause (37 CFR 401.14(a)(k)(1)) forbids nonprofit contractors from assigning subject inventions other than to … Continue reading
Posted in Agreements, Bayh-Dole, IP
Tagged (k)(1), assignment, Bayh-Dole, exclusive license
Comments Off on Exclusive License and Assignment
Bayh-Dole Secrecy, Part 5
We have looked at Bayh-Dole and at FOIA. The upshot is that the 1984 amendment that changed Bayh-Dole’s secrecy requirement at 202(c)(5) from “may” to “shall” apparently fails to meet the requirements of FOIA for withholding information. 202(c)(5) does not … Continue reading
Posted in Bayh-Dole
Tagged 37 CFR 401.8, Bayh-Dole, circumvent, FOIA
Comments Off on Bayh-Dole Secrecy, Part 5
Bayh-Dole Secrecy, Part 4
We have been looking at the Bayh-Dole Act’s secrecy provision regarding invention use reports. That provision was changed from “may” to “shall” in 1984, and we have argued that the change in wording requires us to look for a change … Continue reading
Not fixing a hole in Bayh-Dole
Bayh-Dole does not disturb federal common law with regard to inventions. Inventors supported by federal research funds own their inventions. The Supreme Court made this clear in Stanford v Roche. Bayh-Dole applies to subject inventions only. Subject inventions are patentable inventions … Continue reading
Posted in Bayh-Dole, Freedom
Tagged (f)(2), Bayh-Dole, NIST, patent rights clause, subject invention
Comments Off on Not fixing a hole in Bayh-Dole
Bayh-Dole Secrecy, Part 3
Let’s examine the 1984 amendment to Bayh-Dole’s secrecy provision for invention use reports in more detail. It is worth pointing out that Section 202 of Bayh-Dole has been routinely amended and it would be worth at some point to show the … Continue reading
Bayh-Dole Secrecy, Part 1
Bayh-Dole makes information about the use of subject inventions a federal secret. Or, more accurately, Bayh-Dole excludes subject invention use information from disclosure under the Federal Freedom of Information Act (FOIA). Or, yet more accurately, Bayh-Dole requires federal agencies to … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, FOIA, subject invention, utilization
Comments Off on Bayh-Dole Secrecy, Part 1
Repeal or reform Bayh-Dole?
It seems repealing is the activity of the moment when it comes to health care insurance, but it’s not at all clear that the replacement law will do much for the price of prescription drugs. And the problem is not … Continue reading
Government Interest Patent Activity 1976 to 2016, Part 3
With this context, let’s return to our patent activity graphs. University and nonprofit patents with a government interest have grown from 10% of all patents citing a government interest to over 50%. This level of activity leveled off around 1998 … Continue reading
Posted in Bayh-Dole, History, IP, Metrics
Tagged Bayh-Dole, government interest, patent policy, subject invention
Comments Off on Government Interest Patent Activity 1976 to 2016, Part 3
MoFo’s New Bayh-Dole Fakefographic
Morrison & Foerster, a big law firm (revenue near $1b per year, around 1,000 attorneys), has an infographic out about the Bayh-Dole Act, subtitled “5 Steps to Retain Title.” Here’s a bit of their advice–steps 1 to 3. It looks … Continue reading