Tag Archives: Nixon

The Turning Point in Federal Patent Policy

Posted on November 28, 2020 by Gerald Barnett

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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Bayh-Dole Adds Bureaucracy, 2: Complications of Ownership Positions

Posted on July 30, 2019 by Gerald Barnett

So far, this should all be easy and clear. Heh. The Nixon patent policy states the general federal policy for inventions made with federal support. A set of specialty statutes supersede the Nixon patent policy for specific contracting purposes. Bayh-Dole … Continue reading →

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Bayh-Dole Adds Bureaucracy, 1: Conditional Preemption

Posted on July 29, 2019 by Gerald Barnett

Bayh-Dole conditionally preempts federal statutes pertaining to the ownership of inventions made with federal support (35 USC 210(a)). If a party to a federal funding agreement acquires ownership of such an invention–a subject invention–then Bayh-Dole conditions, as conveyed through that … Continue reading →

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Reagan’s Executive Order 12591-4

Posted on February 14, 2019 by Gerald Barnett

In the implementation of Bayh-Dole, then, employee-inventors own unless they assign rights, such as to an institutional Contractor. We can use “Contractor” with a capital “C” to follow the usage in the Federal Procurement Regulation’s patent rights clause that implements … Continue reading →

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Reagan’s Executive Order 12591-1

Posted on February 11, 2019 by Gerald Barnett

[Some slight elaborations here and there. 1/6/2020. Latker claims he wrote this EO. Makes sense, given the crappy (or clever–but still sloppy) drafting.] In 1987, President Reagan issued Executive Order 12591, which extended, sort of, the Bayh-Dole Act to all … Continue reading →

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Federal law on inventions made with federal support, 2

Posted on February 4, 2019 by Gerald Barnett

Next, we add citations and qualifications to ground this framework. Specialty statutes for specific federal purposes control federal claims of ownership of inventions made under federal contract. See the list of such statutes at 35 USC 210. If a specialty statute … Continue reading →

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Federal law on inventions made with federal support

Posted on February 4, 2019 by Gerald Barnett

First, the brief version: Specialty statutes for specific federal purposes control federal claims of ownership of inventions made under federal contract. The Nixon patent policy as amended by Reagan’s executive order otherwise controls federal claims of ownership of inventions made under … Continue reading →

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Nixon’s Need and Encouragement

Posted on December 3, 2018 by Gerald Barnett

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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