Tag Archives: patent

The 100x Model–1 Protection

Posted on December 2, 2019 by Gerald Barnett

Bayh-Dole uses “protectable” with respect to inventions 35 USC 201(d). That’s strange. Nothing else in patent law has to do with protecting inventions. What could “protection” have to do with inventions, as a matter of law no less? To get … Continue reading →

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Dialogue Concerning the Two Chief Invention Systems

Posted on October 28, 2019 by Gerald Barnett

A Dialog Concerning the Two Chief Invention Systems Interlocutors Libero , Proprietario, Kissero Kissero: Look! Here’s something I’ve done in my research! Libero: Whoa! Very interesting! Was it done under our federal contract? K: Yeah, I think so. During work … Continue reading →

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28,000 federal patents and the monopoly meme went into a bar, 2

Posted on November 1, 2018 by Gerald Barnett

Howard Forman’s 1976 testimony is where the 28,000 patents meme enters what will become the Bayh-Dole rhetoric. Senator Bayh uses Forman’s meme when he introduces S. 414 in 1979: When the Government decides to retain patent rights on these inventions … Continue reading →

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28,000 federal patents and the monopoly meme went into a bar, 1

Posted on October 31, 2018 by Gerald Barnett

Here’s an important–perhaps the pivotal–instance of the monopoly meme in the history of what will become the Bayh-Dole Act. Synopsis. Howard Forman introduces the meme of 28,000 unused federal patents in his legislative testimony in 1976. Senator Bayh repeats the … Continue reading →

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IP Laws for Dragons

Posted on October 9, 2018 by Gerald Barnett

On Quora, I was asked to answer this question: Do US intellectual property laws stills serve society or just corporations and countries that are large and rich? Historically, patents have been the domain of countries (and city states) and the … Continue reading →

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The monopoly meme, 1

Posted on September 20, 2018 by Gerald Barnett

There’s a meme that has floated around patent management discussions for decades. It goes something like this: “What is available to all will be used by none.” Here’s an instance from the National Patent Planning Commission report (c. 1945): It … Continue reading →

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The Faster Cures FAQ on Bayh-Dole, 2

Posted on April 10, 2018 by Gerald Barnett

We are working through the Faster Cures FAQ on Bayh-Dole. 2. What does Bayh-Dole say about the ownership of inventions and technologies? Pursuant to Bayh-Dole, universities and other nonprofit organizations that receive federal funding, may “elect to retain title to … Continue reading →

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The Faster Cures FAQ on Bayh-Dole, 1

Posted on April 9, 2018 by Gerald Barnett

Faster Cures has at its web site a FAQ on Bayh-Dole. Let’s work through their account of Bayh-Dole and help them where they appear challenged. 1. What is the Bayh-Dole Act? Co-sponsored by Senators Birch Bayh of Indiana and Robert … Continue reading →

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University of Connecticut patent practice hash, 2

Posted on March 27, 2018 by Gerald Barnett

The definition of subject invention in federal funding agreements is not a matter of university administrator preference. Either an invention meets the definition of subject invention or it doesn’t. The administrator’s job is to gather the documentation that provides the … Continue reading →

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The devils in the details: Bayh-Dole supports academic freedom, 2

Posted on March 13, 2018 by Gerald Barnett

Part 1 of this article is here. By requiring the contractor to require “technical” employees to make a written agreement, (f)(2) does some fundamental things within the framework of definitions set up by Bayh-Dole. Watch the devils tumble out in … Continue reading →

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