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Tag Archives: government license
Bayh-Dole government-wide licenses
In a Twitter thread in which Jennifer Gunter argues that “Americans should not be bankrolling the pharmaceutical industry,” Steven Martin tweets Let’s work this through. There is no need to revise Bayh-Dole for state and municipal governments to authorize the … Continue reading
Posted in Bayh-Dole, high priced drugs
Tagged Bayh-Dole, government license, government-wide license, nonprofit patent rights clause
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The consequences of Bayh-Dole non-disclosure of inventions, 2
We are looking at the consequences of a contractor not disclosing a subject invention to the federal agency that funded work in which the invention was made. One consequence is that the federal agency “may receive title” to such an … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, government license
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NIST does not understand the government license in Bayh-Dole
NIST has issued a draft green paper that consolidates all the fake history, pseudo data as fact, misrepresentations of Bayh-Dole, and misconceived proposals all in one convenient place. I can’t hope to catch everything, but let’s take a look at … Continue reading
“Government” rights in federally supported inventions, 1
Bayh-Dole requires federal agencies to use a patent rights clause that includes a provision under which contractors who obtain ownership of a patentable invention made in the performance of work under a federal funding agreement and elect to retain that … Continue reading
Posted in Bayh-Dole, History, Policy, Stanford v Roche
Tagged Bayh-Dole, government license, inherent government function, patent rights clause, slop
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NIST’s Chief Counsel on Bayh-Dole, 3
NIST’s chief counsel gives, let us say, a unhelpful representation of the law. Let’s continue with his second slide titled “Bayh-Dole Highlights.” The government does not “retain” a license. The government is entitled to receive that license. The law uses … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, government license, march-in, NIST, patent rights clause, subject invention, Wixon
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Use the government license in Bayh-Dole
According to news reports (here’s where I first read about it–follow the link there to the article in the Baltimore Sun), the state of Maryland is attempting to deal with high drug prices through legislation that gives the state the right … Continue reading
Posted in Bayh-Dole, Freedom, Policy
Tagged Bayh-Dole, government license, march-in, practice and have practiced, Xtandi
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Bayh-Dole all but mandates Government practice of subject inventions
The Bayh-Dole Act requires contractors retaining ownership of subject inventions to grant a non-exclusive license to the government. Commonly–and very wrongly–this license is depicted as a requirement that commercial vendors sell product based on subject inventions to the government “royalty-free”–meaning … Continue reading
Posted in Bayh-Dole, History, Policy
Tagged Bayh-Dole, government license
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