Search the RE article base
Contact Information
Twitter
My TweetsUseful Web Sites
Tag Archives: Bremer
The monopoly meme, 4
We are nearing the end of examining Howard Bremer’s Senate subcommittee testimony from 1979 on a bill that was remarkably like Bayh-Dole. Bremer’s testimony is useful in helping us get at the rhetorical effect of the monopoly meme–that without a … Continue reading
The monopoly meme, 3
We are working through Howard Bremer’s testimony before a Senate subcommittee with regard to a bill remarkably like what would become Bayh-Dole. The point is to explore how the monopoly meme works in practice. Bremer gives nine principles that ought … Continue reading
The monopoly meme, 2
To get at the rhetorical workings of the monopoly meme, we are working our way through Howard Bremer’s testimony before a Senate subcommittee discussing S. 1215, an alternative bill to Bayh-Dole that was being considered after S. 414 had failed … Continue reading
The monopoly meme, 1
There’s a meme that has floated around patent management discussions for decades. It goes something like this: “What is available to all will be used by none.” Here’s an instance from the National Patent Planning Commission report (c. 1945): It … Continue reading
Exceptional Circumstances in Bayh-Dole, 5
Despite the recognition that there are all sorts of federal research programs primarily directed at nonprofit-hosted research that would benefit from a determination that Bayh-Dole’s default provisions do not do a good job of promoting Bayh-Dole’s stated policy and objectives, … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, Bremer, exceptional circumstances, Latker
Comments Off on Exceptional Circumstances in Bayh-Dole, 5
The mistaken assumptions of Bayh-Dole, 2
We are working with an article by Sean O’Connor to get at an underlying problem with discussion of Bayh-Dole. O’Connor, a law professor, appears to be working diligently to find a way to “fix” Bayh-Dole so that universities end up … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, Bremer, crap, Latker, NIST, O'Connor, patent rights clause, Stanford v Roche
Comments Off on The mistaken assumptions of Bayh-Dole, 2
The mistaken assumptions of Bayh-Dole, 1
I know this article by Sean O’Connor on the mistaken assumption in Bayh-Dole is six years old and I have discussed this issue previously, but since it is out there on the web, and as far as I know it hasn’t … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), Bayh-Dole, Bremer, Latker, mistaken assumption, patent rights clause
Comments Off on The mistaken assumptions of Bayh-Dole, 1
Bayh-Dole, federal welfare for patent bureaucrats
There is a vast public literature–academic, legal, and popular–that claims Bayh-Dole is a wild success. That literature claims that compliance with Bayh-Dole requires commercialization, and that it is by commercialization that public benefit from federal research comes about. That argument reduces … Continue reading
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
Comments Off on The Public Research Patent Covenant–Narrative Version
They just can’t kill the beast
After the Supreme Court ruled in Stanford v Roche, Joe Allen and Howard Bremer wrote an article (“After Stanford v Roche: Bayh-Dole Still Stands“) in which they asserted that they had argued against the idea that Bayh-Dole vested with contractors … Continue reading
Posted in Bayh-Dole, Bozonet, History, Policy, Stanford v Roche
Tagged Allen, Bremer, Stanford v Roche, vesting
Comments Off on They just can’t kill the beast