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Tag Archives: Bayh-Dole
Attacking Bayh-Dole monopoly pricing
[Added a comment at the end.] PhRMA published recently a white paper arguing that Bayh-Dole’s march-in provisions should not be used to mitigate monopoly patent pricing. Here’s the basic argument from the executive summary. It’s a few sentences, but it … Continue reading
Posted in Agreements, Bayh-Dole
Tagged Bayh-Dole, monopoly, profits
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PhRMA loves Bayh-Dole but won’t out and say why
PhRMA, a pharmaceutical industry lobbying group, has published a white paper championing Bayh-Dole. What they are after is to prevent the Bayh-Dole march-in provisions from ever operating. To do this, they make a variety of assertions about Bayh-Dole that can’t … Continue reading
Would an Apple and Broadcom v Caltech case deliver a second pounding to faux Bayh-Dole?
[Yes, you read the title correctly–Apple and Broadcom should be suing Caltech.] In Bayh-Dole, the public covenant that runs with patent rights in subject inventions is not as well developed as it was in the Institutional Patent Agreements. It is … Continue reading
Posted in Bayh-Dole, Litigation
Tagged 35 USC 200, Apple, Bayh-Dole, Broadcom, Caltech, screw it all
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The Public Research Patent Covenant–Narrative Version
The Institutional Patent Agreement approach to patent rights arising from federally supported research carried with it what we may call a public covenant, a set of conditions that run with each patent on a subject invention that place limits on … Continue reading
Posted in Bayh-Dole, Commons, Policy, Social Science, Technology Transfer, Vannever Bush
Tagged Bayh-Dole, Bremer, IPA, middlemen, public covenant
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The IPA Public Covenant
[revised to add a discussion of Kennedy’s patent policy statement and distinguish it from COGR’s account of it; added an account of the various federal agency approaches to ownership of inventions] Advocates for Bayh-Dole practice odd forms of historical revisionism. … Continue reading
Faux Bayh-Dole Central
The Association of University Technology Managers sponsored “Bayh-Dole Central,” (now the “Bayh-Dole History and Research Central”), a site hosted by the University of New Hampshire School of Law and devoted to the Bayh-Dole Act. There you can find all sorts … Continue reading
Senator Bayh’s inventor-loathing faux Bayh-Dole Act
There has been plenty written about the practice lesson taught by the Supreme Court decision in Stanford v Roche. I’m dismayed how much of it shows no evidence of an awareness of the facts of the case and the primary … Continue reading
Posted in Bayh-Dole, Policy, Stanford v Roche
Tagged Bayh, Bayh-Dole, faux, inventor loathing, of, Stanford v Roche
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University of California’s Office of the President self-servingly misrepresents Bayh-Dole
[TL;DR UC gets Bayh-Dole wrong, ignores the Stanford v Roche decision, makes it appear that UC has a right to take title to inventions, when it doesn’t. UC denies inventors their rights to invention under the color of law, a … Continue reading
Posted in Bayh-Dole, Policy, Present Assignment
Tagged Bayh-Dole, disclosure, fantasy, University of California
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Stanford v Roche was not about how to make Bayh-Dole into a vesting statute
The Stanford v Roche decision was not at all about the proper technical steps to make Bayh-Dole into a vesting statute. Even the Court’s minority opinion–what the lawyer-krakkens fixated on–was a musing on whether there should be any difference in the equitable ownership of an … Continue reading
Posted in Bayh-Dole, Stanford v Roche
Tagged 35 USC 200-212, 35 USC 261, Bayh-Dole, Stanford v Roche, vesting
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New Mis-Guidance on Bayh-Dole for Universities
There’s a very nice guide on the internet to managing federal grants, “A Guide to Managing Federal Grants for Colleges and Universities [now behind a paywall, apparently].” The Guide is published by Atlantic Information Services and looks like it was published … Continue reading