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Tag Archives: policy
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
Pensé and Perspectivability-1
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
Posted in Bayh-Dole, History, Technology Transfer
Tagged bluffing, experiences, NIPIA, policy, project, research enterprise
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On advocative fakery of Bayh-Dole
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
Posted in Bayh-Dole
Tagged Bayh-Dole, monopoly meme, policy
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Best practices in university invention management, 3
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
Posted in IP, Policy, Sponsored Research
Tagged employment, invention, ownership, policy, resources, Shaw
2 Comments
Best practices in university invention management, 2
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
Posted in IP, Policy, Technology Transfer
Tagged invention, ipHandbook, ownership, policy
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Best practices in university invention management, 1
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
Posted in Agreements, Bozonet, Freedom, Policy, Stanford v Roche, Technology Transfer
Tagged invention, ipHandbook, ownership, policy
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Bayh-Dole Basics, 1: public covenant
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
Posted in Bayh-Dole
Tagged Bayh-Dole, policy, public covenant
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Bayh-Dole and Clauses for domestic contracts, 1-9.107-6
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
Posted in Bayh-Dole, History
Tagged Bayh-Dole, policy, subject invention
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The IPA and Wisconsin’s 1969 Patent Policy, 7
The start of this article is here: The IPA and Wisconsin’s 1969 Patent Policy, 1 WARF’s Charter and Antitrust WARF’s charter was designed to prevent the University of Wisconsin from using its money for non-scientific research–social sciences, humanities, and the … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research
Tagged antitrust, march-in, patent, policy, public covenant, scientific research, Steenbock, vitamin D, WARF
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To fix Bayh-Dole on reasonable pricing, why not start by enforcing the law?
I spent some time working through whether Bayh-Dole requires reasonable pricing. The simple answer is “No.” Of course, the simple answer isn’t very helpful, or accurate. Bayh-Dole does not require reasonable pricing by design of those drafting the bill. The … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, competition, IPA, march-in, policy, price, reasonable
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