Tag Archives: Bayh-Dole

Some Questions from a Future FAQ on Bayh-Dole

Posted on January 14, 2016 by Gerald Barnett

Q. Can a university violate the Bayh-Dole Act? A. No. Bayh-Dole applies to federal agencies. The law requires federal agencies to adopt uniform practices regarding patent rights to inventions in funding agreements. Bayh-Dole (now) authorizes the Department of Commerce to … Continue reading →

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How Bayh-Dole failed to protect faculty inventors (from university administrators)

Posted on September 28, 2015 by Gerald Barnett

[Now with some revisions in the second paragraph that on reflection were worth making.] There are a number of things wrong with the Bayh-Dole Act, such as the lack of accountability for the disposition of privately held patents on inventions … Continue reading →

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The Legal Context of University IP, Part 1 Revisited

Posted on September 14, 2015 by Gerald Barnett

In 2010, the National Academies and the National Research Council published a commissioned a report–The Legal Context of University Intellectual Property and Technology Transfer by Sean O’Connor, Gregory D. Graff, and David E. Winickoff. The report lists 45 findings and expands … Continue reading →

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More problems with the wild success of Bayh-Dole

Posted on September 7, 2015 by Gerald Barnett

There are plenty of jewels in Gene Quinn’s recent opinion piece. Perhaps the readers at IP Watchdog are all true believers in Bayh-Dole, so Mr. Quinn does not feel much need to work hard at what he writes. Here at Research … Continue reading →

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Bayh-Dole is a dismal failure. Here’s why.

Posted on September 6, 2015 by Gerald Barnett

At IP Watchdog, Gene Quinn has published an opinion piece on the virtues of the Bayh-Dole Act–“Patent policy is just too important for subterfuge and academic folly.” The impression he leaves is that anyone critical of Bayh-Dole is irrational, teaching … Continue reading →

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The Cork in the Keg: Open Source Software Complies with Bayh-Dole But University Invention Practice Often Does Not

Posted on March 4, 2015 by Gerald Barnett

Over on Daniel S. Katz’s blog there’s a discussion of university policies and open source software. The issue of Bayh-Dole came up, and I provided a comment there. I’m reposting here, with links and a few typos and awkwardnesses fixed. The … Continue reading →

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Be True to the Mission, Not to the Apparatus

Posted on February 9, 2015 by Gerald Barnett

Col. John Boyd was, at one time, America’s best fighter pilot. He could out-maneuver any pilot flying, he could teach pilots to fly, and after earning an engineering degree from Georgia Tech, knew more about the dynamics of jet fighters … Continue reading →

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An Open Letter to Dr. Peter Salovey, President of Yale University

Posted on August 17, 2013 by Gerald Barnett

August 17, 2013 Dr. Peter Salovey President, Yale University Dear President Salovey, I am writing to ask you to review the situation with regard to late Professor John Fenn in light of new developments in the matter of federal laws … Continue reading →

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IPA compared with BD and its CFR and SPRC

Posted on August 2, 2013 by Gerald Barnett

I have created a table that lays out some of the differences between the 1968 HEW Institutional Patent Agreement template and the Bayh-Dole Act, the implementing regulations at 37 CFR Part 401, and in particular the Standard Patent Rights Clause … Continue reading →

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I want my, I want my IPA–Part II

Posted on July 31, 2013 by Gerald Barnett

The first part of this essay showed how the architecture of the Institutional Patent Agreement differs from the new structure introduced by the Bayh-Dole Act. An IPA was a master agreement while Bayh-Dole was embedded in patent law, applied to … Continue reading →

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