Tag Archives: invention

University inventions that aren’t exactly worthless-4

Posted on August 30, 2019 by Gerald Barnett

If we work through these issues, it is apparent that it is a very special case where an invention cannot be used unless it is first productized, and that such productization will not be undertaken by the federal government, or … Continue reading →

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University inventions that aren’t exactly worthless-3

Posted on August 29, 2019 by Gerald Barnett

To show the limits of policy rationalizations over the university use of patents to benefit the public, let’s consider only those university inventions that have “worth”–that aren’t (in the eyes of university administrators, at least) “worthless.” If we work this … Continue reading →

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University inventions that aren’t exactly worthless-2

Posted on August 28, 2019 by Gerald Barnett

Companies, it turns out, are pretty good at evaluating inventions that are “worth” something to them. Companies with large research enterprises appear to be less good than others, however. The story at Xerox PARC was that inventors hoped that their … Continue reading →

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University inventions that aren’t exactly worthless-1

Posted on August 27, 2019 by Gerald Barnett

Let’s work the logic of university administrators thinking, ahem, about innovation. We have to do this sort of thing because it appears few university administrators bother with logic. Logic certainly is easily distracted by fallacies and is perhaps then overrated. … Continue reading →

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The Arizona Commerce Authority Guidance on Bayh-Dole, 3

Posted on July 24, 2019 by Gerald Barnett

We continue with our review of the Arizona Commerce Authority’s account of Bayh-Dole. The ACA has made these points [our comment]: Bayh-Dole is really broad [yes–but its breadth is not just in the scope of what’s patentable, but also in … Continue reading →

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9 things Bayh-Dole does not require universities to do, part 1

Posted on April 3, 2019 by Gerald Barnett

Let’s review some of the things Bayh-Dole does not require universities to do. These, despite what you may have heard. First the list, then the discussion, then an extended technical note for the folks that want detail and think perhaps … Continue reading →

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Hormones and Patents

Posted on January 3, 2019 by Gerald Barnett

Graham Dutfield at the University of Leeds has published an article on the development of medical hormone products and patent law, “Patent on Steroids: What Hormones Tell Us about the Evolution of Patent Law.” The article doesn’t do as much … Continue reading →

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In re King, 1

Posted on December 6, 2018 by Gerald Barnett

President Truman’s Executive Order 10096  in 1950 established the rules under which the executive branch should claim rights to inventions made by federal employees. The implementing regulations for Executive Order 10096 give guidance with regard to the definition of “made.” Here’s … Continue reading →

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Illusions of Bayh-Dole: “manufactured substantially” 5

Posted on November 6, 2018 by Gerald Barnett

Bayh-Dole’s statement of policy at 35 USC 200 includes a provision calling for the use of the patent system “to promote the commercialization and public availability of inventions made in the United States by United States industry and labor.” Folks … Continue reading →

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28,000 federal patents and the monopoly meme went into a bar, 2

Posted on November 1, 2018 by Gerald Barnett

Howard Forman’s 1976 testimony is where the 28,000 patents meme enters what will become the Bayh-Dole rhetoric. Senator Bayh uses Forman’s meme when he introduces S. 414 in 1979: When the Government decides to retain patent rights on these inventions … Continue reading →

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