Tag Archives: development

Drexel’s Bogus Description of Bayh-Dole, 3

Posted on February 21, 2022 by Gerald Barnett

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 →

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The use of the patent system for federal research results, 11: Safeguards that don’t guard

Posted on August 18, 2021 by Gerald Barnett

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 →

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The use of the patent system for federal research results, 9: Exploiting the FSA policy safeguards

Posted on August 10, 2021 by Gerald Barnett

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 →

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Working through an old misrepresentation of Bayh-Dole, 3

Posted on February 20, 2020 by Gerald Barnett

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 →

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An invention is not a thing, 8

Posted on October 11, 2019 by Gerald Barnett

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 →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-2

Posted on June 6, 2019 by Gerald Barnett

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 →

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Bayh-Dole Basics, 7: Disclosure comments, 1

Posted on August 2, 2018 by Gerald Barnett

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 →

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The dogs in the manger, 2

Posted on July 6, 2018 by Gerald Barnett

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 →

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Bayh-Dole basics, 3: funding agreement comments

Posted on March 5, 2018 by Gerald Barnett

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 →

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The Special Case Keeps Giving

Posted on July 8, 2017 by Gerald Barnett

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 →

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