Tag Archives: march-in

The failed Bayh-Dole bargain, 3

We are working through a new article on Bayh-Dole march-in, written by two PhD patent attorneys. In its way, the article is more puff piece than law review, drawing its frame from the sources chosen, not much looking at the … Continue reading

Posted in Bayh-Dole | Tagged , | Comments Off on The failed Bayh-Dole bargain, 3

The failed Bayh-Dole bargain, 1

Dr. Rebecca McFadyen and Dr. Tara Nealey–both working for an IP law firm–have published an article “Will old Bayh-Dole be taught new tricks?” Me, Dr. Barnett–not working for an IP law firm–thinks they have got it wrong. Consider: Before 1980 … Continue reading

Posted in Bayh-Dole | Tagged , , | Comments Off on The failed Bayh-Dole bargain, 1

Bayh-Dole, Competition, Reasonable Terms, and March-in (Short Version)

How are competition, reasonable terms, and march-in related in Bayh-Dole? Here is the short version. Bayh-Dole stipulates that a contractor must timely achieve practical application of a subject invention and must reasonably satisfy public health needs in doing so. 35 … Continue reading

Posted in Bayh-Dole | Tagged , , , , , | Comments Off on Bayh-Dole, Competition, Reasonable Terms, and March-in (Short Version)

Bayh-Dole is a competition and technology transfer statute

The Bayh-Dole Coalition, a lobbying front for pharma and university patent administrators, claims that Bayh-Dole is a “tech transfer statute” that would be misused if federal agencies used its march-in provisions to address drug pricing. If companies cannot price-gouge, they … Continue reading

Posted in Bayh-Dole, Technology Transfer | Tagged , , , | Comments Off on Bayh-Dole is a competition and technology transfer statute

Making Bayh-Dole March-in and Government License Work

There’s a lot of stirrings about using Bayh-Dole’s march-in procedure to address the high price of drugs in the United States. Under march-in, a federal agency has the right to require a federal contractor (or anyone who is an assignee … Continue reading

Posted in Bayh-Dole | Tagged , , | Comments Off on Making Bayh-Dole March-in and Government License Work

Unenforced, Bayh-Dole enables a federal offer to look the other way on price-gouging

The government’s failure to use its government license to practice and have practiced (=make, use, and sell) puts undue pressure on march-in to address nonuse and unreasonable use of inventions arising in work receiving federal support. NIST wants to gut … Continue reading

Posted in Bayh-Dole, high priced medicines, History, Vannever Bush | Tagged , , , , | Comments Off on Unenforced, Bayh-Dole enables a federal offer to look the other way on price-gouging

proto Bayh-Dole march-in, c. 1976

Bayh-Dole was the banana that finally stuck on wall, but Norman Latker had tried any number of schemes to circumvent federal policy requiring default open access to the inventions arising in work for which the federal government provided funding. People … Continue reading

Posted in Bayh-Dole | Tagged , , | Comments Off on proto Bayh-Dole march-in, c. 1976

Reflections on Shill Reflections on Bayh-Dole, 7: Grubbers, innovation, and march-in

Reflections on Bayh-Dole by “industry leaders”–who are, apparently, mostly shills out shilling for (and to) the pharmaceutical industry. Good shilling earns shillings, so it is a viable career choice. We use these shills reflecting on Bayh-Dole to also reflect on … Continue reading

Posted in Bayh-Dole, Policy | Tagged , , , | Comments Off on Reflections on Shill Reflections on Bayh-Dole, 7: Grubbers, innovation, and march-in

The Wall Street Journal publishes an editorial against using Bayh-Dole march-in for remdesivir

Sally Pipes has published an op/ed piece at the Wall Street Journal on Bayh-Dole and Gilead, “The Remdesivir Patent Isn’t State Property.” There is so much going on with Pipes’s work. We should take a closer look. First, the title … Continue reading

Posted in Bayh-Dole, high priced medicines, Policy | Tagged , , , | Comments Off on The Wall Street Journal publishes an editorial against using Bayh-Dole march-in for remdesivir

Defense Contracting, Bayh-Dole Fantasies, and Workarounds–3

We have been working through a DoD guide for contracting officers in navigating IP rights–Bayh-Dole and data rights. The data rights are a whole nother saga, so we are leaving them alone for now. Here in summary form are the … Continue reading

Posted in Bayh-Dole | Tagged , , , | Comments Off on Defense Contracting, Bayh-Dole Fantasies, and Workarounds–3