Tag Archives: copyright

Bayh-Dole precludes enforcement of federal patents

Posted on June 4, 2020 by Gerald Barnett

An argument regarding enforcement of federally owned inventions. Bluntly: the federal government lacks the authority to enforce patents, and the federal government should not enforce patents, and federal dealing in patent monopolies does not work. Let’s expand the argument to … Continue reading →

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Does a university own software written by students?

Posted on April 10, 2020 by Gerald Barnett

I just posted to Quora in response to: If I study at a university and I create software in my own time, does the university own the licensing to my software? There’s no good general answer, since things vary by … Continue reading →

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Bayh-Dole Government License–7: Software

Posted on March 29, 2020 by Gerald Barnett

The webinar then turns to government license in the context of software. Here things get confused again. Bayh-Dole states as policy–not merely rationale–that the patent system is to be used to promote the utilization of inventions arising from federally supported … Continue reading →

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Are copyrights considered inventions under Bayh-Dole?

Posted on February 23, 2019 by Gerald Barnett

I saw a search show up here at Research Enterprise–“Are copyrights considered inventions under Bayh-Dole?” Simple answer. No. Brief answer. Copyright is a form of intellectual property. At one time, perhaps, the idea of copyright was itself a social invention. … Continue reading →

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University Confusion Over Bayh-Dole and Copyright, 1

Posted on December 8, 2017 by Gerald Barnett

[This article comments on an article at Emory University’s technology transfer office’s web site. The article has finally been removed, so I have in turn removed some identifying elements. I’m keeping this article up, however, for the discussion of Bayh-Dole … Continue reading →

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Florida State’s garbled mess of patent guidance

Posted on August 11, 2016 by Gerald Barnett

[Updated with new accounts of garbledness and bad juju. This policy just keeps giving.] Florida State University’s “Office of Commercialization” starts a guidance web site off with an enumeration of points about intellectual property. Here’s the first point: Employee Guideline: … Continue reading →

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