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Tag Archives: Federal Procurement Regulations
The FPR criteria for invention ownership–1
In June 1973, The Executive Subcommittee of the Federal Council for Science and Technology’s Committee on Government Patent Policy at the U.S. Department of Commerce, tasked with the codification of the patent policy established by President Nixon, made the following … Continue reading
Posted in History, Policy
Tagged availability, Bayh-Dole, expeditious, Federal Procurement Regulations
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Patent rights follow-up: from the FPR to BD–2
We are working through the Federal Procurement Regulations (1975) advice with regard to the exercise of rights in inventions made in projects receiving federal support. We have looked at the first part of the opening statement and made the point … Continue reading
Posted in Bayh-Dole, History, Policy
Tagged Bayh-Dole, expeditious, Federal Procurement Regulations
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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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15 USC 2218(d)
[updated to make clear 15 USC 2218(d) is specific to fire prevention and control legislation] A federal statute passed in 1974 establishes a federal policy with regard to inventions made with federal support–15 USC 2218(d), part of a fire safety … Continue reading
Posted in Bayh-Dole, Policy
Tagged 15 USC 2218, Bayh-Dole, FARs, Federal Procurement Regulations, preemption
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Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 1
Bayh-Dole botches its management of invention ownership. To see how, we need to look at how Bayh-Dole in 1980 changed the Federal Procurement Regulation put in place in 1975. In particular, let’s look at how the definition of subject invention … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged 41 CFR 9-1, assignment, Bayh-Dole, botch, equitable title, Federal Procurement Regulations, of the contractor, subject invention
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Patent agreements in Federal Procurement Regulations and Bayh-Dole, 2
If we return for a moment to O’Connor’s article–it is a great read for what it aims to do, but for O’Connor’s theme of abstract mistaken assumptions rather than providing a specific account of Latker’s lack of drafting ability–there is … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research, Stanford v Roche
Tagged assignment, Bayh-Dole, Federal Procurement Regulations, Latker, O'Connor, patent agreement, sly, written agreement
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Patent agreements in Federal Procurement Regulations and Bayh-Dole, 1
Sean O’Connor starts an excellent article that gives a detailed account of history behind the Bayh-Dole Act (“Mistaken Assumptions: the Roots of Stanford v. Roche in Post-War Government Patent Policy“) this way: The Bayh-Dole Act of 1980 was built on a … Continue reading
Posted in Bayh-Dole, History
Tagged (f)(2), Bayh-Dole, Federal Procurement Regulations, mistaken assumption, patent agreement, written agreement
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Invention, subject invention, and the clever scheme of Bayh-Dole
Here is the definition of invention in the Kennedy executive branch patent policy, 1963 (Section 4(b)): Invention or Invention or discovery–includes any art, machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety … Continue reading
Posted in Bayh-Dole, Sponsored Research, Stanford v Roche
Tagged bamboozled, Bayh-Dole, Federal Procurement Regulations, invention, subject invention
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