Tag Archives: invention

Undermining Bayh-Dole by relying on it? 1

Posted on March 10, 2022 by Gerald Barnett

I feel like Charlie Chaplin in a pie factory. Before I could work through an op/ed by Niels Reimers in the Mercury News last April (2021) that the Bayh-Dole Coalition has dredged up to contest the use of march-in to … Continue reading →

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The use of the patent system for federal research results, 12: Never again a Vannevar Bush

Posted on September 20, 2021 by Gerald Barnett

We have been working through FSA order 110-1, an early–pretty much the earliest–federal policy on inventions made in federally funded work. Why? The imp of this policy’s approach to inventions, rights, open access, and patent monopoly haunts subsequent policy discussions … Continue reading →

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When to disclose inventions at universities? More!

Posted on October 28, 2020 by Gerald Barnett

Most university patent policies don’t specify exactly when to disclose an invention. “Promptly” is the recurrent–and meaningless–requirement. Here’s Northwestern University: to protect academic priority as well as commercial priority, any Inventor making any Invention or Discovery subject to this policy … Continue reading →

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Freely available data resources to track US university technology transfer

Posted on July 15, 2020 by Gerald Barnett

I answered a Quora question. Here it is. Are there any freely available data resources to track technology transfer activity between universities and commercial businesses in the US? Here’s my answer. No. And that’s quite amazing. Most universities publish an … Continue reading →

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The Dole-Bayh Act: Patentability

Posted on July 2, 2020 by Gerald Barnett

We are looking at a draft of a bill proposed by Senator Dole, with Bayh along for the ride. It–and other drafts, such as the Thornton bill (HR 8596), and the Institutional Patent Agreement master, and the Federal Procurement Regulation … Continue reading →

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Harbridge House on university exclusive licensing, 2

Posted on June 16, 2020 by Gerald Barnett

There’s one more thing raised by the Harbridge House report–the metrics on those patent development firms. Patent applications are filed on approximately 10 to 15 percent of the disclosures submitted and, if present circumstances continue, only one-quarter of these patents … Continue reading →

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Federal agency patent enforcement under Bayh-Dole, 1

Posted on June 5, 2020 by Gerald Barnett

This may appear to be an outrageous claim, but it isn’t. Bayh-Dole does not authorize federal agencies to enforce patents held by the federal government. That much is not outrageous because there is nothing in Bayh-Dole that authorizes such enforcement. … Continue reading →

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Madison on the patent clause–and Young Frankenstein

Posted on May 31, 2020 by Gerald Barnett

James Madison, writing in the Federalist (43), discusses the Constitution’s patent clause. The discussion is brief, so here it is, with comments: A power “to promote the progress of science and useful arts, by securing, for a limited time, to … Continue reading →

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Does a university own software written by students?

Posted on April 10, 2020 by Gerald Barnett

I just posted to Quora in response to: If I study at a university and I create software in my own time, does the university own the licensing to my software? There’s no good general answer, since things vary by … Continue reading →

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A WIPO Economist Gets Bayh-Dole Wrong

Posted on March 3, 2020 by Gerald Barnett

Here’s an article by Mario Cervantes, an economist at OECD, “Academic Patenting: How universities and public research organizations are using their intellectual property to boost research and spur innovation start-ups.” Cervantes claims that universities “protecting their inventions” somehow increases their … Continue reading →

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