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Tag Archives: funding agreement
Search on RE: Bayh-Dole provisions and subject inventions
Here’s a recent search on Research Enterprise: “bayh-dole provisions only apply to subject inventions.” Is it a question? Is it an assertion? Does Bayh-Dole apply only to subject inventions? No. Some Bayh-Dole provisions do apply to subject inventions, but much … Continue reading
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Tagged Bayh-Dole, botch, funding agreement, subject invention
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Price controls in Bayh-Dole
Here’s the primary price control in Bayh-Dole: If an organization has the right to enforce patent rights on a subject invention obtained from a nonprofit, then any income earned with respect to the subject invention, after payment of expenses incidental … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, contractor, funding agreement, price
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Working through an old misrepresentation of Bayh-Dole, 2
We have dived into an old, stinky document once on-line at the University of Rochester that misrepresents Bayh-Dole requirements. The document has since come down, but its shadow remains over Rochester invention policy and practice. Thus, it is worth reading … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, funding agreement, work
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Working through an old misrepresentation of Bayh-Dole, 1
I was doing some work to find a broken link and ended up at the web site of the University of Rochester Offices of Technology Transfer, as of July 6, 2011. Here’s a bit from their information “For Inventors: Commercialization … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, funding agreement, subject invention
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Another question on RE: When does Bayh-Dole not apply?–5
We are working through when Bayh-Dole does not apply. Bayh-Dole doesn’t apply to works of authorship or copyright or data or data rights or know how or trade secrets (except to keep trade secrets secret even when the trade secret … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, funding agreement, subject invention
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Another question on RE: When does Bayh-Dole not apply?–4
Now that you have a better idea about Bayh-Dole and have done some thinking about why someone might want it Bayh-Dole to apply and others might not want it to apply, let’s work the definition of invention (at 35 USC … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, contractor, funding agreement, invention, made, subject invention
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Another question on RE: When does Bayh-Dole not apply?–1
When does Bayh-Dole not apply? Bayh-Dole is part of federal patent law, Title 35 USC, placed in Chapter 18 with heading “Patent Rights in Inventions Made with Federal Assistance.” Thus, broadly, we can expect that Bayh-Dole does not apply to … Continue reading
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Tagged Bayh-Dole, contractor, funding agreement, scope
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Undisclosed subject inventions made in development and commercialization contracts
A note on subject inventions not disclosed under Bayh-Dole–and a place for auditors to romp and play as auditors are wont to do, if auditors were ever to romp and play with regard to anything consequential in Bayh-Dole. What follows … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, fantasy, funding agreement, subject invention
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Guide to Bayh-Dole by the Layers, 4
Fourth layer: Funding agreements We have looked at Bayh-Dole the statute, the implementing regulations, and the standard patent rights clauses. These are all apparatus that are disconnected from contractors and inventors–just laws and regulations and templates. The apparatus gets connected … Continue reading
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Tagged assignment, Bayh-Dole, funding agreement, patent rights clause, subcontract
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Subject invention reporting and federal funding agreements
It would be interesting to see an audit of university invention reporting practices, especially in light of the definition of “funding agreement” and what it means for an invention to be made “in the performance of work under a funding … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, funding agreement, nonprofit, patent rights clause, subject invention
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