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Tag Archives: development
Drexel’s Bogus Description of Bayh-Dole, 3
We are nearly done working through Drexel’s bogus badness about Bayh-Dole. We are considering commercialization. Drexel says Bayh-Dole requires Drexel to commercialize inventions. And Bayh-Dole doesn’t say that. Someone’s gotta be wrong. Oh, hey! I think it’s Drexel! The basic … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, commercialization, development, Drexel, utilization
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The use of the patent system for federal research results, 11: Safeguards that don’t guard
We have been working through Federal Security Agency order 110-1, which in 1952 introduced an agency-wide policy for inventions made in public health research. The core of the policy was to prefer open access for all such inventions, but then … Continue reading
Posted in Bayh-Dole, Policy, Technology Transfer
Tagged development, free rider, safeguard, waste, widest distribution
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The use of the patent system for federal research results, 9: Exploiting the FSA policy safeguards
The earliest major federal patent policy, FSA policy 110-1–for public health research, no less–sets up a process by which the head of each “constituent unit” of the FSA is to make a determination in each case whether the use of … Continue reading
Posted in Uncategorized
Tagged 110, adequate, development, flip, FSA, public protections
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Working through an old misrepresentation of Bayh-Dole, 3
I have previously pointed out the University of Rochester’s strange policy statement with regard to commercialization. This is part of Rochester’s new and stinky. A statement currently pops up on the Rochester site that it will be down for a … Continue reading
Posted in Policy, Technology Transfer
Tagged development, exclusive license, invention
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An invention is not a thing, 8
The question to ask is not what was intended by Bayh-Dole but rather what ought to be federal policy regarding inventions made in work for which those involved have gone out of their way to apply for federal funding. As … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, development, door of opportunity, invention
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Bayh-Dole Basics, 8: Reasonable Terms Comments-2
Now we get to government rights under march in. Here we have complications. In 1968, Norman Latker, NIH’s patent counsel, revived the Institutional Patent Agreement program, under which the NIH (and later the NSF) contracted with nonprofits so that a … Continue reading
Posted in Uncategorized
Tagged Bayh-Dole, development, exclusive license, IPA, Latker, march-in, master agreement
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Bayh-Dole Basics, 7: Disclosure comments, 1
This will be longish. For the brief of heart, here’s a synopsis. Invention disclosure is the heart of Bayh-Dole standard patent rights compliance. Disclosure is not reporting that an invention exists. Disclosure means providing, for an invention owned by a … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, development, disclosure, practical application, research
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The dogs in the manger, 2
We are working through some testimony from 1979 by a federal patent attorney, R. Tenney Johnson, before a Senate subcommittee considering a federal government invention policy bill that was a rival to Bayh-Dole (and strikingly similar, and didn’t pass). Johnson … Continue reading
Posted in Bayh-Dole, Bozonet, History
Tagged Bayh-Dole, development, dogs, inventions, Johnson, patents
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Bayh-Dole basics, 3: funding agreement comments
Bayh-Dole uses the definition of “funding agreement” for much heavy lifting. The definition does much more than merely restrict Bayh-Dole’s interest to grants, contracts, and cooperative agreements. The definition establishes the scope of the law to include experimental work, developmental … Continue reading
Posted in Bayh-Dole
Tagged 37 CFR 401.14, 37 CFR 401.9, aztec, Bayh-Dole, boogers, contractor, development, funding agreement
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The Special Case Keeps Giving
Here is the special case university research invention. I have expanded it to show the logic. A special case invention is one that cannot be used without “development” and the “development” involves substantial effort at private expense and the “development” … Continue reading
Posted in Bayh-Dole, Bozonet, Innovation, Technology Transfer
Tagged Bayh-Dole, development, early stage, patent, technology transfer, university research
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