Tag Archives: monopoly

Dr. Irene Till, Pharma Monopoly, and the Bayh-Dole Heist

In a recent Twitter post, Prof. Richard R. John at Columbia University (@RrjohnR) asks for suggestions for a bibliography of “scholarship on the history of anti-monopoly since 1945.” One respondent cites Elizabeth Popp Berman “Why Universities Patent” (well, Prof. Berman … Continue reading

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Nixon’s Need and Encouragement

In a series of articles we have dealt with the monopoly meme. The monopoly meme argues that the true purpose of patents is the corporate right to exclude all others from practicing an invention. Without this right of exclusion, so … Continue reading

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The monopoly meme, 5

Now let’s turn to the Bayh-Dole Act and see how it works with the monopoly meme. Short form, if you don’t want to bother, is that Bayh-Dole doesn’t follow the monopoly meme in its gestures, but because these gestures never … Continue reading

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The monopoly meme, 4

We are nearing the end of examining Howard Bremer’s Senate subcommittee testimony from 1979 on a bill that was remarkably like Bayh-Dole. Bremer’s testimony is useful in helping us get at the rhetorical effect of the monopoly meme–that without a … Continue reading

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The monopoly meme, 3

We are working through Howard Bremer’s testimony before a Senate subcommittee with regard to a bill remarkably like what would become Bayh-Dole. The point is to explore how the monopoly meme works in practice. Bremer gives nine principles that ought … Continue reading

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The monopoly meme, 2

To get at the rhetorical workings of the monopoly meme, we are working our way through Howard Bremer’s testimony before a Senate subcommittee discussing S. 1215, an alternative bill to Bayh-Dole that was being considered after S. 414 had failed … Continue reading

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Seven Pillars of Bayh-Dole, the Law that Loots the Commons

I’ve spent more than a few months now focused on Bayh-Dole and its history. It’s worth taking a moment and summarizing some findings. Perhaps this could be the start of a new guide to the Bayh-Dole Act, told from the … Continue reading

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Attacking Bayh-Dole monopoly pricing

[Added a comment at the end.] PhRMA published recently a white paper arguing that Bayh-Dole’s march-in provisions should not be used to mitigate monopoly patent pricing. Here’s the basic argument from the executive summary. It’s a few sentences, but it … Continue reading

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Three once-concerns regarding university patents

Historically, there have been three areas of concern for the limitation of university involvement in patenting: (1) the monopoly effect of IP, (2) worrisome commercial behaviors, and (3) the problem of money as an apparent motivation. In the past, when university inventors … Continue reading

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