Tag Archives: Gilead

Federal agency patent enforcement: Gilead, 3

Posted on June 14, 2020 by Gerald Barnett

If you turn off all logic, then Bayh-Dole is whatever it is. But with logic on, the compelling public interest reason for the federal government to claim inventions made by federal employees (or even by the employees of federal contractors) … Continue reading →

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Federal agency patent enforcement: Gilead, 2

Posted on June 13, 2020 by Gerald Barnett

Now let’s look at how Bayh-Dole deals with federal agency patent dealings with regard to licensing. 35 USC 207 authorizes patent dealing and 35 USC 209 stipulates the conditions under which exclusive licenses may be granted and the terms and … Continue reading →

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Federal agency patent enforcement: Gilead, 1

Posted on June 12, 2020 by Gerald Barnett

Set aside for the moment the standing of a contractor or contractor’s assignee for such stuff. Consider a federal agency. Does a federal agency have standing under Bayh-Dole’s extension of patent law–and especially 35 USC 200 and 207–to seek injunctive … Continue reading →

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