Tag Archives: patent

The devils in the details: Bayh-Dole supports academic freedom, 1

Posted on March 12, 2018 by Gerald Barnett

Bayh-Dole supports the academic freedom of faculty inventors. University administrators refuse to comply. Here, we walk through the law, the implementing regulations, the various patent rights clauses to show the result. Fair warning to university administrators reading this piece. I … Continue reading →

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Bayh-Dole Basics, 5: invention assignment comments

Posted on March 9, 2018 by Gerald Barnett

Here is a basic distinction. Bayh-Dole prohibits nonprofits from assigning subject inventions except to an invention management organization or with the approval of the federal agency–and then only if the assignee accepts the nonprofit patent rights clause. Bayh-Dole says nothing … Continue reading →

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Bayh-Dole Basics 5: invention assignment

Posted on March 8, 2018 by Gerald Barnett

Assignment of an invention involves conveying all substantial rights in the invention–the exclusive rights to make, to use, and to sell. These substantial rights can be conveyed expressly by transferring title (that is, the right of ownership) or implicitly by … Continue reading →

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Bayh-Dole basics, 2: subject invention comments

Posted on March 1, 2018 by Gerald Barnett

There are three categories of invention in Bayh-Dole–inventions arising in federally supported research or development, subject inventions, and inventions owned by the federal government. The general scope of Bayh-Dole given in 35 USC 200 is that of “inventions arising in … Continue reading →

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Mississippi State University misrepresents Bayh-Dole, 2

Posted on February 27, 2018 by Gerald Barnett

Mississippi State provides us with this diagram of the “commercialization” process that ends up with a singular “license.” What goofiness–an assertion of order in an activity that is almost always disorderly. According to the diagram, “ideas” get “protected” and then “marketed” … Continue reading →

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Bayh-Dole in another simple diagram

Posted on February 9, 2018 by Gerald Barnett

Bayh-Dole conflates three distinct forms of federal contracting for research and then moves one form–university-hosted research–into the category of another, procurement from commercial firms. Here’s the diagram:   The effect of Bayh-Dole is depicted by the blue arrows. The box … Continue reading →

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The National Patent Planning Commission argument for government-created private patent monopolies, 3

Posted on January 4, 2018 by Gerald Barnett

The National Patent Planning Commission quotes administration officials repeating this same argument. Here’s the Under Secretary of Agriculture (1941): The commercial exploitation of new inventions requires, in many cases, the expenditure of large sums of money. In such a case, … Continue reading →

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The National Patent Planning Commission argument for government-created private patent monopolies, 1

Posted on January 2, 2018 by Gerald Barnett

I have been working through reports from the mid 1940s on government ownership of patents. There are a number of arguments against government exploitation of patents, but these arguments clearly failed. What arguments won out? Here’s one, from the National … Continue reading →

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University Confusion Over Bayh-Dole and Copyright, 1

Posted on December 8, 2017 by Gerald Barnett

[This article comments on an article at Emory University’s technology transfer office’s web site. The article has finally been removed, so I have in turn removed some identifying elements. I’m keeping this article up, however, for the discussion of Bayh-Dole … Continue reading →

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Thinking about projects, small and big–6

Posted on December 7, 2017 by Gerald Barnett

We have looked at projects. Small projects can be pieces of bigger projects. It’s the big project that controls. Now let’s look at inventions, small and greater. We will see roughly the same thing: the idea of “invention” can be … Continue reading →

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