Tag Archives: Bayh-Dole

Negotiating a share of royalties under Bayh-Dole

[See the afterthought for something shorter and blunt and just as useless.] In his amicus brief to the Supreme Court in the Stanford v Roche case, former Senator Birch Bayh made an odd claim–that inventors had the right to negotiate … Continue reading

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Sooner or later, Oklahoma IP counsel might get it right about inventions

[expanded to include further discussion of the OU policy claim to inventions] In a talk last fall (archived here), the IP counsel for the University of Oklahoma, presented this slide on the university’s patent policy: It appears to be a … Continue reading

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Institutional Patent Licensing–One of the least “direct” ways to obtain new technology

A few weeks ago I was involved in a discussion about how a region might import new technology developed at distant universities. One of the participants, with a background in AUTM-style technology transfer, made the off-hand comment that if we … Continue reading

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Ten Years After 25 Years After Bayh-Dole, Part 6

We have worked through the set up to a review article on the Bayh-Dole Act from the perspective of a couple of university licensing office practitioners. It’s a fascinating exercise in repeating the conventional vocabulary of university licensing offices but … Continue reading

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Bayh-Dole all but mandates Government practice of subject inventions

The Bayh-Dole Act requires contractors retaining ownership of subject inventions to grant a non-exclusive license to the government. Commonly–and very wrongly–this license is depicted as a requirement that commercial vendors sell product based on subject inventions to the government “royalty-free”–meaning … Continue reading

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Exclusive licensing in Bayh-Dole, Part 1: Licenses and Assignments

Here is what Bayh-Dole says about exclusive licenses: Notwithstanding any other provision of this chapter, no small business firm or nonprofit organization which receives title to any subject invention and no assignee of any such small business firm or nonprofit … Continue reading

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Would lowering drug prices really reduce research on cures and remedies?

Vox recently published an article on the high price of drugs, “The true story of America’s sky-high prescription drug prices.” Here are three sentences that make a claim worth considering: What’s harder to see is that if we did lower drug … Continue reading

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An Outline of Bayh-Dole for Universities (with comments)

Here is a simple outline of Bayh-Dole for universities. I’ve cut out a bunch of technical apparatus and highlighted particulars that walk back or alter things in odd ways. Bayh-Dole is part of federal patent law. 35 USC 200 Statement … Continue reading

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Bayh-Dole has dropped commercialization rates from 25% to 0.5%: what more can we expect?

University licensing programs appear to have about a 0.5% commercialization rate. That is, of all the assets reported to them which they claim, only 1 in 200 (or less) actually results in a commercial product (without regard to the “success” … Continue reading

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The Llorts of Bayh-Dole

In July, Setareh Samii published “The Importance of the Bayh-Dole Act” at The Catalyst, a web site operated by PhRMA. Samii argues that Bayh-Dole “created a framework for technology transfer that helped rejuvenate the American economy.” Samii then proceeds to … Continue reading

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