Tag Archives: ownership

Does a university own software written by students?

Posted on April 10, 2020 by Gerald Barnett

I just posted to Quora in response to: If I study at a university and I create software in my own time, does the university own the licensing to my software? There’s no good general answer, since things vary by … Continue reading →

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9 things Bayh-Dole does not require universities to do, part 1

Posted on April 3, 2019 by Gerald Barnett

Let’s review some of the things Bayh-Dole does not require universities to do. These, despite what you may have heard. First the list, then the discussion, then an extended technical note for the folks that want detail and think perhaps … Continue reading →

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What about inventions made on equipment purchased with federal funds?

Posted on October 22, 2018 by Gerald Barnett

How does the Bayh-Dole Act apply to inventions made using equipment purchased with federal funding? Here’s the thing–Bayh-Dole applies to inventions owned by a contractor–a party to a federal funding agreement for research or development. If the inventor is not … Continue reading →

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The AUTM CEO’s Speech, Fitt 4

Posted on June 22, 2018 by Gerald Barnett

We are about done with the AUTM CEO’s speech at the NIST symposium on “unleasing American innovation.” Yes, it is trash, so we are trashing it. But there’s a purpose here. It’s not just that there is a difference of … Continue reading →

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Best practices in university invention management, 10

Posted on June 15, 2018 by Gerald Barnett

We have reached the last installment of our work with the ipHandbook’s model invention assignment agreement. We started this journey making note of how university patent administrators make things more complicated than they ever need to be. The basic approach … Continue reading →

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Best practices in university invention management, 9

Posted on June 14, 2018 by Gerald Barnett

We are deep into the ipHandbook’s model invention assignment agreement (IAA). We have hit the basic disclosure and assignment clause that depends on a restrictive clause with three parts that together establish the scope of the present assignment. Part (i) … Continue reading →

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Best practices in university invention management, 8

Posted on June 13, 2018 by Gerald Barnett

We are working through the model invention assignment agreement proposed by the ipHandbook as a university “best practice.” Now we get the present assignment: agree to disclose promptly to UNIVERSITY and hereby assign all rights to all inventions, copyrightable materials, … Continue reading →

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Best practices in university invention management, 6

Posted on June 11, 2018 by Gerald Barnett

We reach the ipHandbook article’s “conclusions.” Suddenly, we return to the land of reason: The principles underlying this policy have evolved from the line of court cases that, in the absence of a written agreement, hold that an invention belongs … Continue reading →

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Best practices in university invention management, 5

Posted on June 8, 2018 by Gerald Barnett

More fun examples from the ipHandbook to demonstrate, ahem, best practices in university ownership of inventions. The visiting scientist. Professor from another university visits and invents. He is compensated through funds from Professor Z’s federal contract. That is, if he … Continue reading →

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Best practices in university invention management, 4

Posted on June 7, 2018 by Gerald Barnett

We are working through examples from the ipHandbook‘s advice on best practices for university ownership of inventions. All the examples feature a professor who finds ways to stick it to the university and wise words about how university officials could … Continue reading →

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