Tag Archives: invention

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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Working through an old misrepresentation of Bayh-Dole, 3

Posted on February 20, 2020 by Gerald Barnett

I have previously pointed out the University of Rochester’s strange policy statement with regard to commercialization. This is part of Rochester’s new and stinky. A statement currently pops up on the Rochester site that it will be down for a … Continue reading →

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War and Publification of Medicine Development, 1

Posted on January 16, 2020 by Gerald Barnett

In 1944, President Roosevelt asked Vannevar Bush to respond to four questions (or, perhaps it was Vannevar Bush who arranged for President Roosevelt to ask him four questions). These questions formed the foundation for his report Science the Endless Frontier. … Continue reading →

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A sense of proportion–4

Posted on December 6, 2019 by Gerald Barnett

To lay it out in bullet points, the now dominant university patent-based approach to research inventions defaulting to exclusive licenses: fragments invention platforms with no way to restore them attracts speculative investors while pushing away companies raises barriers to early … Continue reading →

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A sense of proportion–3

Posted on December 5, 2019 by Gerald Barnett

Prior to federal funding becoming the dominant source of university research funding, most universities operated their invention policies with a review committee that made recommendations to the university president with regard to particular inventions. The volume of invention reporting was … Continue reading →

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A sense of proportion–2

Posted on December 4, 2019 by Gerald Barnett

University administrators have engaged in a thirty-year effort of research invention management that creates patent gridlock for what amounts to a tiny bit of the overall inventive activity in the country. That’s the black border area on this nice blue … Continue reading →

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“Protection” of inventions in Bayh-Dole

Posted on November 12, 2019 by Gerald Barnett

Twitter thread: Federal patent law uses “protect” with respect to inventions only in Bayh-Dole’s strange definition of invention at 35 USC 201(d): “is or may be patentable or otherwise protectable under this title” What does it mean to “protect” an … Continue reading →

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Another question on RE: When does Bayh-Dole not apply?–4

Posted on October 29, 2019 by Gerald Barnett

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 →

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Another question on RE: When does Bayh-Dole not apply?–3

Posted on October 28, 2019 by Gerald Barnett

Back for more of when Bayh-Dole does not apply, I see. Well, let’s get serious about this. Let’s look at the Bayh-Dole definitional cascade for subject invention. We worked through “invention”–strange, broad, both patentable and not demonstrably not patentable, except … Continue reading →

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Invention is not a thing, 14

Posted on October 18, 2019 by Gerald Barnett

Bayh-Dole’s public protection apparatus, even unused as it is, makes it clear that the federal invention economic system is intended to be different from that of private exploitation of patents for financial gain. In the federal economic system, patents are … Continue reading →

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