Tag Archives: government license

Bayh-Dole is a competition and technology transfer statute

Posted on March 16, 2022 by Gerald Barnett

The Bayh-Dole Coalition, a lobbying front for pharma and university patent administrators, claims that Bayh-Dole is a “tech transfer statute” that would be misused if federal agencies used its march-in provisions to address drug pricing. If companies cannot price-gouge, they … Continue reading →

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Congressional Intent and Bayh-Dole’s government license

Posted on May 9, 2021 by Gerald Barnett

Some folks who claim to advocate “for” Bayh-Dole, but actually are the law’s worst enemies, argue using the line “Bayh-Dole was never intended . . . .” They leave out the part about who they mean has been doing the … Continue reading →

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Unenforced, Bayh-Dole enables a federal offer to look the other way on price-gouging

Posted on March 29, 2021 by Gerald Barnett

The government’s failure to use its government license to practice and have practiced (=make, use, and sell) puts undue pressure on march-in to address nonuse and unreasonable use of inventions arising in work receiving federal support. NIST wants to gut … Continue reading →

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Bayh-Dole Government License–9: Recommendations

Posted on March 31, 2020 by Gerald Barnett

Our webinar ends with “Recommendations” for licensing agreements. Given what we have worked through, we are in a good position to assess the strength of these recommendations. Here’s the first recommendation: It’s implied, but never stated, that rights the licensor … Continue reading →

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Bayh-Dole Government License–7: Software

Posted on March 29, 2020 by Gerald Barnett

The webinar then turns to government license in the context of software. Here things get confused again. Bayh-Dole states as policy–not merely rationale–that the patent system is to be used to promote the utilization of inventions arising from federally supported … Continue reading →

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Bayh-Dole Government License–6: Patenting Costs and Exclusivity

Posted on March 28, 2020 by Gerald Barnett

We are still following a webinar panel discussion of the government license to practice and have practiced in Bayh-Dole. The discussion gives us an opportunity to see the gulf between Bayh-Dole’s policy and objectives, and the scope of its government … Continue reading →

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Bayh-Dole Government License–5: Impact Beans

Posted on March 27, 2020 by Gerald Barnett

We are working through a recent “webinar” on the Bayh-Dole government license to practice and have practiced. In part, the webinar provides the opportunity to set some things right about Bayh-Dole and to resist the machinations of NIST to try … Continue reading →

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Bayh-Dole Government License–3: Sales and Have Made Paths

Posted on March 25, 2020 by Gerald Barnett

We are working through a recent webinar discussion of Bayh-Dole’s government license. First we reviewed the government license–it is “to practice and have practiced.” “Practice” has a long history of meaning “make, use, and sell” in the policy statements from … Continue reading →

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Bayh-Dole Government License–2: Misrepresenting the Government License

Posted on March 24, 2020 by Gerald Barnett

We have been through the Bayh-Dole government license at 35 USC 202(c)(4) and have reviewed its sources in executive branch patent policy from 1963 to 1975. Bayh-Dole was drafted in 1978-79, so the connection to the definitions and usage in … Continue reading →

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Bayh-Dole Government License–1: Practice or Have Practiced

Posted on March 23, 2020 by Gerald Barnett

NIST published a Green Paper that evidences its confusion with various aspects of Bayh-Dole. One of these areas of confusion involves the government license that Bayh-Dole requires in all federal research contracts, and in particular in the standard patent rights … Continue reading →

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