Tag Archives: FOIA

Bayh-Dole Secrecy, Part 10

Posted on April 14, 2017 by Gerald Barnett

The 1984 change to Bayh-Dole conflates information that must be disclosed by federal agencies under FOIA with information that federal agencies must exclude from FOIA disclosure. This conflation itself violates FOIA. Bayh-Dole does not declare as a matter of law … Continue reading →

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Bayh-Dole Secrecy, Part 9

Posted on April 12, 2017 by Gerald Barnett

The Bayh-Dole secrecy provisions ensure that there will not be public accountability that might challenge the illusion and the practices that take place behind its appearances. Thus, there is no use data for federally supported inventions. There is no licensing … Continue reading →

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Bayh-Dole Secrecy, Part 7

Posted on March 27, 2017 by Gerald Barnett

The story so far: Bayh-Dole’s secrecy provision regarding reports of invention use was changed in 1984 to make it appear that federal agencies had no discretion in the matter, and that they “shall” treat all information in invention use reports … Continue reading →

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Bayh-Dole Secrecy, Part 6

Posted on March 24, 2017 by Gerald Barnett

Bayh-Dole makes information regarding the use of subject inventions a government secret. It does this in a roundabout way by requiring federal agencies to treat those reports as confidential and as the sort of information that is exempt from FOIA … Continue reading →

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Bayh-Dole Secrecy, Part 5

Posted on March 17, 2017 by Gerald Barnett

We have looked at Bayh-Dole and at FOIA. The upshot is that the 1984 amendment that changed Bayh-Dole’s secrecy requirement at 202(c)(5) from “may” to “shall” apparently fails to meet the requirements of FOIA for withholding information. 202(c)(5) does not … Continue reading →

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Bayh-Dole Secrecy, Part 4

Posted on March 15, 2017 by Gerald Barnett

We have been looking at the Bayh-Dole Act’s secrecy provision regarding invention use reports. That provision was changed from “may” to “shall” in 1984, and we have argued that the change in wording requires us to look for a change … Continue reading →

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Bayh-Dole Secrecy, Part 3

Posted on March 14, 2017 by Gerald Barnett

Let’s examine the 1984 amendment to Bayh-Dole’s secrecy provision for invention use reports in more detail. It is worth pointing out that Section 202 of Bayh-Dole has been routinely amended and it would be worth at some point to show the … Continue reading →

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Bayh-Dole Secrecy, Part 1

Posted on March 10, 2017 by Gerald Barnett

Bayh-Dole makes information about the use of subject inventions a federal secret. Or, more accurately, Bayh-Dole excludes subject invention use information from disclosure under the Federal Freedom of Information Act (FOIA). Or, yet more accurately, Bayh-Dole requires federal agencies to … Continue reading →

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