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Tag Archives: faculty
Faculty Strategies for Getting Their IP Back, 2
Here are some strategies for getting IP back that don’t work or avoid IP ownership. (1) Don’t disclose an invention to the university, and file for a patent on your own. Your application will be published in a year or … Continue reading
Faculty Strategies for Getting Their IP Back
If you are a faculty member at an American university, you will get a lot of twisted advice from your university technology transfer office about intellectual property, Bayh-Dole, and patent policy. The advice (and descriptions about technology transfer) is mostly … Continue reading
Posted in Bozonet, Policy, Technology Transfer
Tagged conditional, faculty, startup
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Only Bayh-Dole and University Research Enterprise, 4
Consider, then, this (f)(2) written agreement requirement that’s outside Bayh-Dole but made a condition of federal funding agreements anyway. The (f)(2) requirement is most certainly not a private patent agreement between a university as employer and its faculty inventors. It … Continue reading
Bayh-Dole for university faculty
Let’s put Bayh-Dole plainly for university faculty. Under federal patent law, inventors own their inventions. Federal patent law does not require inventors to use the patent system. Federal patent law does not require inventors to assign their inventions. Bayh-Dole is … Continue reading
Posted in Uncategorized
Tagged 37 CFR 401.9, Bayh-Dole, faculty, standard patent rights clause
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Best practices in university invention management, 6
We reach the ipHandbook article’s “conclusions.” Suddenly, we return to the land of reason: The principles underlying this policy have evolved from the line of court cases that, in the absence of a written agreement, hold that an invention belongs … Continue reading
Best practices in university invention management, 5
More fun examples from the ipHandbook to demonstrate, ahem, best practices in university ownership of inventions. The visiting scientist. Professor from another university visits and invents. He is compensated through funds from Professor Z’s federal contract. That is, if he … Continue reading
Posted in Agreements, Policy
Tagged (f)(2), faculty, IAA, invention, ipHandbook, ownership, patent rights clause
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Best practices in university invention management, 4
We are working through examples from the ipHandbook‘s advice on best practices for university ownership of inventions. All the examples feature a professor who finds ways to stick it to the university and wise words about how university officials could … Continue reading
Posted in Agreements, IP, Policy
Tagged best practice, faculty, invention, ownership
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The rise of “employee” as a means to pervert university IP policy
We live in a society dominated by the public stock corporation and the manner in which it engages work. It has only been since the late 19th century that the public stock corporation has come to have this role, though … Continue reading
Invention is injury
I have been mulling over “scope of employment” and “course of employment” and “official duties” and related constructions that show up repeatedly in university patent policies. A strange thing about these matters is that there are two very different bodies … Continue reading