Tag Archives: patent policy

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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University Patent Policy for Effective Technology Transfer, 10: Exclusivity compared

Posted on October 7, 2020 by Gerald Barnett

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 →

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University Patent Policy for Effective Technology Transfer, 3: Yale patent policy on exclusive licensing

Posted on September 22, 2020 by Gerald Barnett

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 →

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University Patent Policy for Effective Technology Transfer, 2: Non-exclusive, voluntary, negotiated practice for effective technology transfer

Posted on September 10, 2020 by Gerald Barnett

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 →

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A non-compliant Bayh-Dole written agreement at Yale-5

Posted on January 12, 2020 by Gerald Barnett

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 →

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A non-compliant Bayh-Dole written agreement at Yale-4

Posted on January 11, 2020 by Gerald Barnett

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 →

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A non-compliant Bayh-Dole written agreement at Yale-3

Posted on January 10, 2020 by Gerald Barnett

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 →

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A non-compliant Bayh-Dole written agreement at Yale-2

Posted on January 9, 2020 by Gerald Barnett

Now let’s look at a “Patent Policy Acknowledgement & Agreement” from Yale University. Here it is: Yale’s web site asserts that this agreement is required “for grant and patent compliance.” That’s a strange combination–grant and patent. One might think grant … Continue reading →

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An invention is not a thing, 6: Invention holes, practical application, and development

Posted on October 10, 2019 by Gerald Barnett

An invention is a collection of things, a set, a door of opportunity and whatever an inventor and others see through that door. A patent is an inventor’s claim to exclusivity in what the inventor, perhaps with help from others, … Continue reading →

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The Basic Policy Question Behind Bayh-Dole

Posted on April 4, 2018 by Gerald Barnett

There’s one simple issue: Should the federal government subsidize with public funding for nonprofit research the creation of patent monopolies? There it is. The answer that has dominated for thirty-five years is “Yes.” How comfortable are you with that? Gut-level? … Continue reading →

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