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Tag Archives: disclosure
Another Question on RE: Does a subject invention have to be enabling?
A new question showed up in the RE search queue: “does a subject invention have to be enabling?” How to unwind this one? We can try. Another way to put it might be, “when does something new–an idea, an insight, … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), 35 USC 201(e), 35 USC 202(c)(1), 37 CFR 401.14(c)(1), disclosure, enablement, subject invention
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When to disclose inventions at universities? More!
Most university patent policies don’t specify exactly when to disclose an invention. “Promptly” is the recurrent–and meaningless–requirement. Here’s Northwestern University: to protect academic priority as well as commercial priority, any Inventor making any Invention or Discovery subject to this policy … Continue reading
Posted in Policy
Tagged disclosure, invention, promptly
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Another question on RE: Are data rights subject to Bayh-Dole?
Are data rights subject to Bayh-Dole? No. Sigh. Yes, in a way. Data rights generally involve the right to control disclosure and/or use of technical information generated within research, experimental, or development work. While some data may involve copyrights (as … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, data, disclosure, technical information
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The consequences of Bayh-Dole non-disclosure of inventions, 1
If the federal government had the courage to enforce any one thing in Bayh-Dole, it would be the nonprofit assignment and accounting requirements at 35 USC 202(c)(7). The federal government taking title to non-disclosed subject inventions is mostly useless. Let … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, disclosure, nonprofit, patent rights clause
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More bad Bayh-Dole advice in the wild
Here are “three important questions answered” by a company specializing in Bayh-Dole compliance. (I’m sorry, Nikki. Have your people up their game.) 1) If you report an invention after the 60-day deadline, can the Government take title? Yes, the Government … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged Bayh-Dole, compliance, disclosure, subject invention
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9 things Bayh-Dole does not require universities to do, part 1
Let’s review some of the things Bayh-Dole does not require universities to do. These, despite what you may have heard. First the list, then the discussion, then an extended technical note for the folks that want detail and think perhaps … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, commercialization, disclosure, invention, ownership, subject invention
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Another NIST FAQ-up, 2
For the rest of NIST’s FAQ’d-up answer, let’s parse closely. NIST has just repeated the obvious–if an invention has been conceived and reduced to practice prior to federal funding, it is not a subject invention. The question, however, has to … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged Bayh-Dole, disclosure, FAQ, In re King, NIST
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Bayh-Dole inventor disclosure summary
Let’s summarize. Bayh-Dole does not require inventors to disclose inventions arising in federally supported research or development. It’s just not there. Go look. I’ll wait. Bayh-Dole does not require inventors to give up rights to their inventions. It’s not there. … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged assignment, Bayh-Dole, dark lords, disclosure, patenting
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When to disclose inventions? Part II: Bayh-Dole, 2
We are explaining why, despite widespread insistence by folks who set themselves up as experts, there’s no obligation in Bayh-Dole for inventors to disclose inventions made under a federal contract. The first point to be made is that if one … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged Bayh-Dole, disclosure, Federal Procurement Regulations, monsterpiece, NISTwit
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When to disclose inventions? Part II: Bayh-Dole, 1
When to disclose a subject invention under Bayh-Dole? It doesn’t matter. Really. Let me explain. The Bayh-Dole Act applies to subject inventions. A subject invention is an invention (i) owned by a contractor (ii) that is or may be patentable … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged Bayh-Dole, disclosure
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