Tag Archives: IPA

The Turning Point in Federal Patent Policy

1971. Here’s where things started to go bad. In 1963, President Kennedy issued a memorandum setting forth executive branch patent policy. When the federal government acquired inventions, the policy stipulated that patents would be made available “through dedication or licensing”–that … Continue reading

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NSF IPA Metrics 1974-78–Two tech transfer programs

Universities participating in the NSF’s IPA program operated two technology transfer programs. One program–the one endorsed by the IPA program–focused on patents and licensing. Of the 645 inventions reported by universities (and other nonprofits) made in work receiving NSF support … Continue reading

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NSF IPA Metrics 1974-78

Beginning in 1974, the NSF ran an Institutional Patent Agreement (IPA) program until IPAs were shut down in 1978 as ineffective and counter to public policy. Bayh-Dole, one among a number of attempts, replaced the lost IPA programs in 1981. … Continue reading

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Institutional speculation on public health, 1

Folks want to repeal Bayh-Dole–and that would be good–but Bayh-Dole is like a shield and folks still have to get at what motivates corrupt practices under Bayh-Dole. Bayh-Dole does not require corrupt practices–it just creates the conditions that make it … Continue reading

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What Bayh-Dole Does–enabling but not requiring exploitation of patent monopolies

Prior to the NIH Institutional Patent Agreement program, the Kennedy executive branch patent policy required federal agencies to do the following: Allow contractors with real businesses in non-governmental markets to own inventions made under federal contract, except in research directed … Continue reading

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The Purpose of Bayh-Dole: Some History

Bayh-Dole re-establishes a patent monopoly pipeline from federal funding to the pharmaceutical industry. The NIH first created this patent pipeline in 1968 when Norman Latker, patent counsel at the NIH, restarted the Institutional Patent Agreement program that had been allowed … Continue reading

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A sense of proportion–5

One can see, then, where Bayh-Dole comes into play in this meaningless mess. Bayh-Dole was drafted by the same folks who created the IPA system. The IPA system was shut down in 1978 as ineffective and contrary to public policy. … Continue reading

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A sense of proportion–2

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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Bayh-Dole Basics, 8: Reasonable Terms Comments-4

We are working through the details of prior treatments of what becomes “reasonable terms” in Bayh-Dole’s definition of “practical application.” This definition in turn becomes the threshold for federal agency march-in under 35 USC 203(a)(1)–the first of the four march-in … Continue reading

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Bayh-Dole Basics, 8: Reasonable Terms Comments-3

We are working through the NIH’s Institutional Patent Agreement master template to establish the context for Bayh-Dole’s use of “reasonable terms” in its definition of practical application, which in turn establishes the march-in threshold for 35 USC 203(a)(1), one of … Continue reading

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