Tag Archives: policy

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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Why the NIH fuss with Moderna over inventorship doesn’t matter, but does

The New York Times ran a story today that Moderna and the NIH are having a spat over inventorship on a patent application covering aspects of the Moderna mRNA vaccine. The N.I.H. had been in talks with Moderna for more … Continue reading

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The Thornton Bill’s “purposes” and Bayh-Dole’s “policy and objectives”

Bayh-Dole states its policy and objectives at 35 USC 200. Here there are, with a more readable layout: It is the policy and objective of the Congress to use the patent system to promote the utilization of inventions arising from … 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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Bayh-Dole disruptions of research and innovation

Bayh-Dole allows nonprofits and small businesses to retain title to inventions made in federally funded work. That is, the nonprofit or small business must first obtain title on their own. For businesses, this is straightforward as businesses routinely assign employees … Continue reading

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University inventions that aren’t exactly worthless-3

To show the limits of policy rationalizations over the university use of patents to benefit the public, let’s consider only those university inventions that have “worth”–that aren’t (in the eyes of university administrators, at least) “worthless.” If we work this … Continue reading

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USC still misrepresents Bayh-Dole, 2018 version-Fitt 3

Now, for comedy. USC turns from the obligations of the Bayh-Dole act for universities to technology transfer: Benefits of disclosure and technology transfer include: Bayh-Dole does not require technology transfer. A contractor may comply with Bayh-Dole by using its subject … Continue reading

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Bayh-Dole is thin soup when it comes to federal innovation policy

NIST wants march-in for Bayh-Dole’s section 203(a)(2) and (3) to be for “national emergencies” only. Section (a)(2) concerns health or safety needs that are not “reasonably satisfied.” Section (a)(3) concerns regulatory requirements that are not “reasonably satisfied.”  But the *price* … Continue reading

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Bayh-Dole’s patent law policy on patent property rights, 2

We are working through Bayh-Dole’s statement of policy at 35 USC 200 on the premise that this statement of policy, a part of patent law, has a material effect on the patent property rights of all inventions within the scope … Continue reading

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Bayh-Dole’s patent law policy on patent property rights, 1

Bayh-Dole, part of federal patent law, starts with a statement of “Policy and Objective” at 35 USC 200. Usually, commentators treat this bit as “preamble” or “a restatement of legislative intent” or, bluntly, inoperative fluff. The commentators are wrong. 35 … Continue reading

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