Tag Archives: Bayh-Dole

Senator Nelson on the problem of “public interest” in federal patent policy, 2

Posted on May 29, 2021 by Gerald Barnett

The federal public policy for inventions made in federally funded work then becomes “whatever the contractor that hosts the work chooses to do, so long as the contractor files a patent application.” In Bayh-Dole, there’s no federal review of a … Continue reading →

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Senator Nelson on the problem of “public interest” in federal patent policy, 1

Posted on May 28, 2021 by Gerald Barnett

The “public interest” plays an important role in federal invention policy. In 1963, President Kennedy announced a policy that permitted nonprofit organizations to request to retain title to inventions made in federally funded work, providing that Where the commercial interests … Continue reading →

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Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk

Posted on May 26, 2021 by Gerald Barnett

In 1984 Norman Latker, who as NIH patent counsel drafted the Bayh-Dole Act on the sly, gave a talk (“Federal Initiatives For Innovation“) to the American Intellectual Property Association. At the time, Latker worked for the Department of Commerce, and … Continue reading →

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Congressional Intent and Bayh-Dole reasonable terms

Posted on May 11, 2021 by Gerald Barnett

We have looked at the idea of Congressional intent in the Bayh-Dole Act and contrasted this intent with the claims of enemies of Bayh-Dole who argue that they have secret inside knowledge of the true intent that should govern the … Continue reading →

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Congressional Intent and Bayh-Dole’s government license

Posted on May 9, 2021 by Gerald Barnett

Some folks who claim to advocate “for” Bayh-Dole, but actually are the law’s worst enemies, argue using the line “Bayh-Dole was never intended . . . .” They leave out the part about who they mean has been doing the … Continue reading →

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Making Bayh-Dole March-in and Government License Work

Posted on April 20, 2021 by Gerald Barnett

There’s a lot of stirrings about using Bayh-Dole’s march-in procedure to address the high price of drugs in the United States. Under march-in, a federal agency has the right to require a federal contractor (or anyone who is an assignee … Continue reading →

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Latker Here, There, and Everywhere in Bayh-Dole

Posted on April 9, 2021 by Gerald Barnett

Norman J. Latker is the architect of present federal patent policy. Let’s work through his resume. It provides a remarkable tale of persistent influence leading to the unenforced, innovation-stagnating, dismal-performance (but it’s all kept secret, by law) Bayh-Dole Act. Latker … Continue reading →

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For Latker, Bayh-Dole wins a political battle over delivery of research to the public

Posted on April 7, 2021 by Gerald Barnett

In February 1974, Norman J. Latker, patent counsel for the NIH, gave a talk in Chicago with the title “Progress Towards a Uniform U.S. Government Patent Policy for Universities and Non-Profit Organizations.” You can find most of it at IP … Continue reading →

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NIST, Bayh-Dole Policy, and Disincentives

Posted on April 5, 2021 by Gerald Barnett

I spent the past two weeks working on comments in response to NIST’s proposed new regulations for Bayh-Dole. I ended up with 73 pages of answers to questions and section-by-section comments, and about 60 pages of outtakes. NIST didn’t make … Continue reading →

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Unenforced, Bayh-Dole enables a federal offer to look the other way on price-gouging

Posted on March 29, 2021 by Gerald Barnett

The government’s failure to use its government license to practice and have practiced (=make, use, and sell) puts undue pressure on march-in to address nonuse and unreasonable use of inventions arising in work receiving federal support. NIST wants to gut … Continue reading →

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