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Tag Archives: exclusive license
The Turning Point in Federal Patent Policy
1971. Here’s where things started to go bad. In 1963, President Kennedy issued a memorandum setting forth executive branch patent policy. When the federal government acquired inventions, the policy stipulated that patents would be made available “through dedication or licensing”–that … Continue reading
Posted in Bayh-Dole, Freedom, History, Policy
Tagged exclusive license, IPA, Kennedy, Latker, Nixon, patent policy
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The non-preference for US manufacturing under Bayh-Dole
A recent search at RE was looking for “preference for manufacturing in US under Bayh-Dole.” There’s a series of articles here on 35 USC 204. There’s also discussion of the related march-in provision at 35 USC 203(a)(4) and the broader … Continue reading
Posted in Bayh-Dole
Tagged 204, Bayh-Dole, exclusive license, industry, preference
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If you are against a crappy law like Bayh-Dole
Kevin E. Noonan, a biotech patent attorney, made an interesting assertion in a LinkedIn comment on the fourth article in this series. Maybe he was being flippant, but let’s consider: People against Bayh-Dole just support private industry (much of it … Continue reading
Posted in Bayh-Dole
Tagged 204, Bayh-Dole, exclusive license, manufactured substantially
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University Patent Policy for Effective Technology Transfer, 3: Yale patent policy on exclusive licensing
University patent policies do not address exclusive licensing, and yet exclusive licensing is at the core of much current university patent practice. Exclusive licensing is the key thing that Bayh-Dole enabled. And Bayh-Dole, in its federal agency licensing authorization, pees … Continue reading
Posted in Policy
Tagged exclusive license, patent policy, Yale
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What Bayh-Dole Does–enabling but not requiring exploitation of patent monopolies
Prior to the NIH Institutional Patent Agreement program, the Kennedy executive branch patent policy required federal agencies to do the following: Allow contractors with real businesses in non-governmental markets to own inventions made under federal contract, except in research directed … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, exclusive license, IPA
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Bayh-Dole Government License–5: Impact Beans
We are working through a recent “webinar” on the Bayh-Dole government license to practice and have practiced. In part, the webinar provides the opportunity to set some things right about Bayh-Dole and to resist the machinations of NIST to try … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, exclusive license, government license, NIST
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Follow up: What if a university fails to patent under Bayh-Dole?
If a university fails to patent under Bayh-Dole, nothing ever happens. But that’s not even the meaningful answer. Look, even if a university gets a patent on a subject invention–one arising from federally sponsored research or development–there’s absolutely nothing in … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, exclusive license
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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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A sense of proportion–3
Prior to federal funding becoming the dominant source of university research funding, most universities operated their invention policies with a review committee that made recommendations to the university president with regard to particular inventions. The volume of invention reporting was … Continue reading
Posted in History, Policy, Sponsored Research, Technology Transfer
Tagged exclusive license, invention, Research Corporation, technnology transfer
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The consequences of Bayh-Dole non-disclosure of inventions, 3
Finally, we reach a non-empty consequence of an invention becoming a subject invention, even if not disclosed to the federal agency. This consequence has to do specifically with subject inventions made under the nonprofit patent rights clause. Bayh-Dole stipulates that … Continue reading
Posted in Bayh-Dole
Tagged 35 USC 202(c), assignment, Bayh-Dole, exclusive license, nonprofit
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