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Tag Archives: Bayh-Dole
I want my, I want my IPA–Part I
From time to time advocates of the idea that Bayh-Dole vests ownership of inventions with employers argue that the intent of the law was to build off of the Institutional Patent Agreement model developed by the NIH. The IPA approach … Continue reading
10 Issues That May Limit Infringement Claims on Subject Inventions
I have been working on the problem of infringement litigation involving subject inventions under Bayh-Dole. Here is a working summary of Bayh-Dole-related issues that companies being hit by universities with subject invention infringement cases might consider. I am not aware … Continue reading
Posted in Bayh-Dole, IP
Tagged Bayh-Dole, future user rights, infringement
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Letters of Marque
Here is an odd thing. Under the US Constitution, Congress is granted in Article I, Section 8, among other Powers, the power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, letter of marque, Stanford v Roche, talk like a pirate day
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An Updated Guide to the Bayh-Dole Act
Ah, COGR has not contacted me yet for help in revising their long-neglected Guide to the Bayh-Dole Act. While I waited for their call, I put together this text for a brochure that might serve until they have finished revising, … Continue reading
The Entrepreunial Research University
Three narratives have come together to support the transformation of American university innovation policy from one of diversity and institutional support to one of monopoly institutional control of research inventions, heralded as the best thing for the country. All the … Continue reading
Posted in Bayh-Dole, History, Metrics, Policy, Technology Transfer, Vannever Bush
Tagged Atkinson, Bayh-Dole, entrepreneurial university, Godin, linear model, Science the Endless Frontier, Vannevar Bush
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Why is the 1995 NIH "20-20" Guide Still Up?
At the University of Cincinnati Intellectual Property web site we find this NIH Guide, the 20 Questions About Extramural Invention Reporting: The Bayh-Dole Act encourages researchers to patent and market their inventions by guaranteeing patent rights. [No, wait–we find the … Continue reading
The (f)(2) agreement that your university must require you to sign
[Updated for the 2018 NIST regulatory revisions.] If you are working on a grant at a university, and the grant is from the US Government, and your university has accepted a standard patent rights clause in the form of 37 … Continue reading
Posted in Agreements, Bayh-Dole, Policy, Present Assignment, Sponsored Research
Tagged 401.14, 401.9, Bayh-Dole, funding agreement, subject invention
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(f)(2), The Soul of Bayh-Dole
[Updated May 2018 to deal with the NIST screwballedness.] At the heart of the Bayh-Dole Act is the disposition of ownership in inventions made with federal funding at universities. That disposition is intended to provide benefits to the public through … Continue reading
Posted in Bayh-Dole, Policy, Present Assignment
Tagged (f)(2), Bayh-Dole, soul, written agreement
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Fixing the Flaw in Bayh-Dole with Freedom to Innovate Legislation
The essence of the Bayh-Dole Act is that government, though it supports faculty-led university research, should defer to investigators and inventors who wish to develop the inventions they make. Bayh-Dole does this by pre-approving a broad set of arrangements that … Continue reading
Posted in Bayh-Dole, Freedom, Policy, Technology Transfer
Tagged Bayh-Dole, flaw, freedom to innovate, predatory
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Five Questions That Shape Federal Research Invention Ownership Policy
In the industry research laboratories of the early 20th century, the question was, which comes first, basic research leading to new scientific knowledge, followed by development efforts to create commercial products? or development efforts to create commercial products, which, when … Continue reading
Posted in Bayh-Dole, History, Metrics, Policy, Technology Transfer
Tagged Bayh-Dole, commercialization, Eisenhower, O'Connor, Truman, Valdivia
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