Tag Archives: contractor

Persons under Bayh-Dole

Posted on June 29, 2020 by Gerald Barnett

Bayh-Dole defines “contractor” as ” Any person, small business firm, or nonprofit organization that is a party to a funding agreement. You might think this is about as straightforward as things can get. You might think wrong. What follows is … Continue reading →

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Price controls in Bayh-Dole

Posted on April 23, 2020 by Gerald Barnett

Here’s the primary price control in Bayh-Dole: If an organization has the right to enforce patent rights on a subject invention obtained from a nonprofit, then any income earned with respect to the subject invention, after payment of expenses incidental … Continue reading →

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Another question on RE: When does Bayh-Dole not apply?–4

Posted on October 29, 2019 by Gerald Barnett

Now that you have a better idea about Bayh-Dole and have done some thinking about why someone might want it Bayh-Dole to apply and others might not want it to apply, let’s work the definition of invention (at 35 USC … Continue reading →

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Another question on RE: When does Bayh-Dole not apply?–2

Posted on October 27, 2019 by Gerald Barnett

Let’s get into the details–dance with devils, reveal Bayh-Dole’s true character. Get some sympathy. Let’s consider again that heading of Title 35 USC, Chapter 18: “Patent Rights in Inventions Made with Federal Assistance.” In Bayh-Dole, “patent rights” are restricted, relative … Continue reading →

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Another question on RE: When does Bayh-Dole not apply?–1

Posted on October 26, 2019 by Gerald Barnett

When does Bayh-Dole not apply? Bayh-Dole is part of federal patent law, Title 35 USC, placed in Chapter 18 with heading “Patent Rights in Inventions Made with Federal Assistance.” Thus, broadly, we can expect that Bayh-Dole does not apply to … Continue reading →

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Federal law on inventions made with federal support, 4

Posted on February 6, 2019 by Gerald Barnett

One cannot read “contractor” in Bayh-Dole and assume that “contractor” only refers to the initial or prime contractor. One must always look to the circumstances of a given contract to determine whether others have been made parties to the funding … Continue reading →

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Federal law on inventions made with federal support, 3

Posted on February 5, 2019 by Gerald Barnett

Now, let’s emphasize a few points. There are at least three ways that a contractor may come to own an invention made with federal support: inventors assign their inventions state law (in some cases, such as Ohio Rev Code 3345.14) … Continue reading →

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Federal law on inventions made with federal support, 2

Posted on February 4, 2019 by Gerald Barnett

Next, we add citations and qualifications to ground this framework. Specialty statutes for specific federal purposes control federal claims of ownership of inventions made under federal contract. See the list of such statutes at 35 USC 210. If a specialty statute … Continue reading →

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Federal law on inventions made with federal support

Posted on February 4, 2019 by Gerald Barnett

First, the brief version: Specialty statutes for specific federal purposes control federal claims of ownership of inventions made under federal contract. The Nixon patent policy as amended by Reagan’s executive order otherwise controls federal claims of ownership of inventions made under … Continue reading →

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“Government” rights in federally supported inventions, 2

Posted on November 21, 2018 by Gerald Barnett

We might ask, then, what happens if a contractor does not acquire ownership of an invention made in the performance of work under a federal funding agreement. The answer is that the Nixon patent policy as revised remains in effect, … Continue reading →

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