Tag Archives: policy

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

Posted on April 18, 2019 by Gerald Barnett

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

Posted on April 2, 2019 by Gerald Barnett

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

Posted on April 1, 2019 by Gerald Barnett

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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Pensé and Perspectivability-1

Posted on January 21, 2019 by Gerald Barnett

Some of you may have noticed that over the years I have grown more critical of the Bayh-Dole Act and especially of the people who prop it up with various forms of bluffery. The law is based on failed policy … Continue reading →

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On advocative fakery of Bayh-Dole

Posted on December 4, 2018 by Gerald Barnett

Advocates of Bayh-Dole tell a fake history. They say that before Bayh-Dole, the federal government owned all inventions made with federal support. They say that Bayh-Dole gave universities the right to take ownership of inventions made with federal support. They … Continue reading →

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Best practices in university invention management, 3

Posted on June 6, 2018 by Gerald Barnett

We are working through ipHandbook’s discussion of best practices in university ownership of inventions. After a clear discussion of invention ownership–inventors own their inventions unless they have agreed to assign them or it is equitable to find that circumstances imply … Continue reading →

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Best practices in university invention management, 2

Posted on June 5, 2018 by Gerald Barnett

We are working through an article in the ipHandbook that argues for “best practices” in university ownership of inventions.  The article spends little time discussing how faculty are employed in their research work, nor the other requirements of university policy … Continue reading →

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Best practices in university invention management, 1

Posted on June 4, 2018 by Gerald Barnett

Things get complicated that don’t have to be complicated when it comes to university ownership of inventions. Administrators make things complicated, then argue for lots of money to pay for the talent to navigate those complications, and then more money … Continue reading →

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Bayh-Dole Basics, 1: public covenant

Posted on February 22, 2018 by Gerald Barnett

The Bayh-Dole Act is part of federal patent law. Bayh-Dole establishes a policy (35 USC 200) regarding the use of the patent system for inventions arising in federally supported research or development. This policy establishes the property rights in patents … Continue reading →

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Bayh-Dole and Clauses for domestic contracts, 1-9.107-6

Posted on December 26, 2017 by Gerald Barnett

Here’s Bayh-Dole’s definition of “subject invention”: The term “subject invention” means any invention of the contractor conceived or first actually reduced to practice in the performance of work under a funding agreement: Provided, That in the case of a variety of plant, … Continue reading →

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