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Tag Archives: patent policy
Dubilier, university IP policy and, er, inner life
Dubilier set in motion a cascade of things that leads us to, well, to where we are. In Dubilier, the Supreme Court established that inventors own their inventions unless they agree otherwise, even if they are employees, and even if … Continue reading
Posted in Freedom, History, Innovation, Policy
Tagged Dubilier, employment, patent policy
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The use of the patent system for federal research results, 1: Dubilier
It starts with Dubilier. In 1933, the Supreme Court decided in Dubilier that federal employees, just because they were employed, did not give up their personal–Constitutional–rights in inventions that they made. Considering the possible differences between private employment and federal … Continue reading
Senator Nelson on the problem of “public interest” in federal patent policy, 1
The “public interest” plays an important role in federal invention policy. In 1963, President Kennedy announced a policy that permitted nonprofit organizations to request to retain title to inventions made in federally funded work, providing that Where the commercial interests … Continue reading
Posted in Bayh-Dole, History, Policy, Vannever Bush
Tagged Bayh-Dole, IPA, Nelson, patent policy, public interest
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The Turning Point in Federal Patent Policy
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
Posted in Bayh-Dole, Freedom, History, Policy
Tagged exclusive license, IPA, Kennedy, Latker, Nixon, patent policy
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University Patent Policy for Effective Technology Transfer, 10: Exclusivity compared
Now let’s look at a university that defaults to seeking an exclusive patent licensee instead. That comparison is even worse for leading with a patent license vs research review. There are way fewer folks out there in the technical world … Continue reading
Posted in Policy, Technology Transfer
Tagged eat and fart, effective, exclusivity, patent policy
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University Patent Policy for Effective Technology Transfer, 3: Yale patent policy on exclusive licensing
University patent policies do not address exclusive licensing, and yet exclusive licensing is at the core of much current university patent practice. Exclusive licensing is the key thing that Bayh-Dole enabled. And Bayh-Dole, in its federal agency licensing authorization, pees … Continue reading
Posted in Policy
Tagged exclusive license, patent policy, Yale
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University Patent Policy for Effective Technology Transfer, 2: Non-exclusive, voluntary, negotiated practice for effective technology transfer
We will get into the operational details of non-exclusive, voluntary, negotiated university IP management for effective technology transfer. Short answer–everything is navigable and has already been done, even if folks have forgotten how to do it. We can look at … Continue reading
Posted in Policy, Technology Transfer
Tagged crappy, non-exclusive, patent policy, technology transfer
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A non-compliant Bayh-Dole written agreement at Yale-5
We are working through Yale’s “Patent Policy Acknowledgement & Agreement.” We have been looking at Paragraph 6 of the Yale patent policy to try to make sense of what inventions Yale really does assert an interest in. Paragraph 6 demands … Continue reading
Posted in Agreements, Bayh-Dole, Policy
Tagged Bayh-Dole, patent policy, servility, Yale
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A non-compliant Bayh-Dole written agreement at Yale-4
We are working through Yale’s “Patent Policy Acknowledgement & Agreement.” Most recently we borked about employment and faculty freedom. Now let’s look at how the agreement deals with consulting. It tries to worry the problem of conflicting obligations–Yale doesn’t want … Continue reading
Posted in Agreements, Bayh-Dole, Policy
Tagged Bayh-Dole, consulting, patent policy, Stanford v Roche, Yale
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A non-compliant Bayh-Dole written agreement at Yale-3
We are working through Yale’s “Patent Policy Acknowledgement & Agreement.” The agreement requires personnel signing it to “abide” by Yale’s patent policy, as if that patent policy does not apply but for this agreement. That’s a bit odd. Even odder, … Continue reading
Posted in Agreements, Bayh-Dole, Policy
Tagged Bayh-Dole, patent policy, Yale
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