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Tag Archives: monopoly meme
Bayh-Dole is thin soup when it comes to federal innovation policy
NIST wants march-in for Bayh-Dole’s section 203(a)(2) and (3) to be for “national emergencies” only. Section (a)(2) concerns health or safety needs that are not “reasonably satisfied.” Section (a)(3) concerns regulatory requirements that are not “reasonably satisfied.” But the *price* … Continue reading
Administrative lupus
I while ago I wrote an article on some suggestions for changing Bayh-Dole. The first suggestion was to add a research “exemption.” The authors–one a former senior university patent administrator from a very big university–were well meaning, and perhaps there … Continue reading
Posted in Bayh-Dole, Patents, Technology Transfer
Tagged Bayh-Dole, lupus, Madey v Duke, monopoly meme
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A century of reaping enormous profits at the expense of sickness and misfortune, 2
Mayo’s research publication Discovery’s Edge recently ran an article on “The Power of Patents.” In the article, Mayo Clinic wonders about patent royalties from a famous past invention: When Mayo Clinic colleagues Edward Kendall, Ph.D., and Philip Hench, M.D., along with … Continue reading
Posted in History, Policy
Tagged crowd source, monopoly meme, patents, research
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On advocative fakery of Bayh-Dole
Advocates of Bayh-Dole tell a fake history. They say that before Bayh-Dole, the federal government owned all inventions made with federal support. They say that Bayh-Dole gave universities the right to take ownership of inventions made with federal support. They … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, monopoly meme, policy
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A clever misrepresentation at the origin of Bayh-Dole
Let’s see if we can isolate the origin of the Bayh-Dole Act. In about four minutes, you will read the following again: The roots, then, of Bayh-Dole are to be found in a mischaracterization of the Harbridge House report of … Continue reading
Posted in Bayh-Dole, History
Tagged 41 CFR 9-1, Bayh-Dole, General Services Administration, monopoly meme
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WARF, Vitamin D, and the Public Interest, 2
We have worked through a 1945 appeals court reasoning about the University of Wisconsin’s president’s refusal to allow the licensing of an invention beneficial to public health for use in food products that might compete with State of Wisconsin dairy … Continue reading
Posted in Bayh-Dole, Commons, History, Policy
Tagged 35 USC 200, 35 USC 202, Bayh-Dole, Canned Water 4 Kids, IPA, monopoly meme, public interest
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WARF, Vitamin D, and the Public Interest, 1
In the 1940s, WARF was basking in the income from licensing its flagship patents–on a way to irradiate food products to produce in them vitamin D. (For an interesting account with lots of details, see Rima D. Apple, a University … Continue reading
Posted in Bayh-Dole, Freedom, History, Policy
Tagged margarine, monopoly meme, vitamin D, Vitamin Technologists, WARF
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The monopoly meme, 1
There’s a meme that has floated around patent management discussions for decades. It goes something like this: “What is available to all will be used by none.” Here’s an instance from the National Patent Planning Commission report (c. 1945): It … Continue reading
Illusions of Bayh-Dole: patent blockages and incentives
In 1979, when S. 414 was introduced by Senators Bayh and Dole–later much of the language of S. 414 would form the core of the Bayh-Dole Act–Senator Bayh made the following claim: Some 30,000 government-owned patents are piled up awaiting … Continue reading