Tag Archives: patent

Five Steps to Restoring an Effective University IP Practice, Step 3

We are working through five steps to restoring your university IP practice to something effective and conscionable. The third step involves a fundamental, but again simple, change in policy. Current IP policy at most universities does not address non-exclusive and … Continue reading

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Five Steps to Restoring an Effective University IP Practice, Steps 1 and 2

Over the past couple of years, I have been involved in projects based in the idea of commons for the exchange of research and diagnostic assets. These projects have been blocked or resisted at each point by organizational technology transfer … Continue reading

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The use of the patent system for federal research results, 10: the drivers that eventually produce Bayh-Dole

There’s the version of the theory of patent rights that asserts that exclusionary practice is at the heart of the value of a patent, and any practice that declines to assert a patent wastes that value. This theory of exclusionary … Continue reading

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Funnel vision and university default exclusive licensing

Much of the current, dominant narrative about patents at universities depends on looking isolating single inventions at a single institution with a single profile for use. “Inventions,” so this narrative go, will not be used or developed unless for each … Continue reading

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University Patent Policy for Effective Technology Transfer, 4: The Eat and Fart Model

No one in their right mind reads a book primarily because it has a copyright. “Gosh, all these books in the public domain–I need to find one with a solid, enforced copyright!” Similarly, technologists with stable brains do not seek … Continue reading

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Freely available data resources to track US university technology transfer

I answered a Quora question. Here it is. Are there any freely available data resources to track technology transfer activity between universities and commercial businesses in the US? Here’s my answer. No. And that’s quite amazing. Most universities publish an … Continue reading

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Harbridge House on university exclusive licensing, 2

There’s one more thing raised by the Harbridge House report–the metrics on those patent development firms. Patent applications are filed on approximately 10 to 15 percent of the disclosures submitted and, if present circumstances continue, only one-quarter of these patents … Continue reading

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Federal agency patent enforcement: Gilead, 2

Now let’s look at how Bayh-Dole deals with federal agency patent dealings with regard to licensing. 35 USC 207 authorizes patent dealing and 35 USC 209 stipulates the conditions under which exclusive licenses may be granted and the terms and … Continue reading

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Federal agency patent enforcement: Gilead, 1

Set aside for the moment the standing of a contractor or contractor’s assignee for such stuff. Consider a federal agency. Does a federal agency have standing under Bayh-Dole’s extension of patent law–and especially 35 USC 200 and 207–to seek injunctive … Continue reading

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Time for an executive order to bring federal agencies into compliance with Bayh-Dole

Bayh-Dole precludes federal enforcement of federally owned patents. The president should issue an executive order confirming this situation by forbidding federal agencies to enforce patent rights covering federally owned patents. Doing so would remove a huge barrier to public utilization … Continue reading

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