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Tag Archives: practical application
The use of the patent system for federal research results, 5: Possibilities of patent use
We are working through and around FSA order 110-1, the first major federal executive branch policy regarding inventions made in federally funded work, issued in 1952. The Supreme Court in its 1933 decision in Dubilier said the it was up … Continue reading
Posted in Bayh-Dole, History, Policy
Tagged excessive, possibility, practical application, unreasonable
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An invention is not a thing, 9
The public policy idea around Bayh-Dole march-in would appear to be straightforward. It was so in the Kennedy patent policy: make the benefits of using an invention accessible to the public in three years from the date of a patent … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, instance, invention, practical application
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An invention is not a thing, 6: Invention holes, practical application, and development
An invention is a collection of things, a set, a door of opportunity and whatever an inventor and others see through that door. A patent is an inventor’s claim to exclusivity in what the inventor, perhaps with help from others, … Continue reading
Posted in Bayh-Dole, Policy
Tagged invention, invention hole, patent policy, practical application
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Bayh-Dole Basics, 8: Reasonable Terms
[Short: There are two “reasonable” terms in Bayh-Dole. The first has to do with reasonable terms on offer to the public. These terms, including price, are the terms a reasonable person would expect if there were competition, even if a … Continue reading
Posted in Agreements, Bayh-Dole
Tagged Bayh-Dole, march-in, practical application, reasonable terms
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Bayh-Dole Basics, 7: Disclosure comments, 1
This will be longish. For the brief of heart, here’s a synopsis. Invention disclosure is the heart of Bayh-Dole standard patent rights compliance. Disclosure is not reporting that an invention exists. Disclosure means providing, for an invention owned by a … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, development, disclosure, practical application, research
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Utilization and commercialization in Bayh-Dole
Bayh-Dole’s stated policy and objective is utilization of inventions arising in federally supported research or development–not specifically commercialization: . . . use the patent system to promote the utilization of inventions arising from federally supported research or development . . … Continue reading
Posted in Bayh-Dole
Tagged commercialization, practical application, utilization
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NIST’s Chief Counsel on Bayh-Dole, 5
Unlike the other various fakographics and misguidances and misrepresentations of Bayh-Dole that we have reviewed, this slide deck by NIST’s chief counsel is distinctive, since NIST has primary responsibility for Bayh-Dole’s implementation and patent rights clauses. Thus, a failure to … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, NIST, patent rights clause, practical application, public benefit, subject invention, Wixon
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Guide to Bayh-Dole by the Layers, 7
Eighth layer: Outcomes We reach the eighth and final layer of Bayh-Dole: outcomes. We can consider four elements of outcomes: activity, cost, practical application, and the effects of patent monopoly exclusion on such things as research, rapid industry and professional … Continue reading
Bayh-Dole’s Public Covenant, 1
Patents on Subject Inventions Are Not Ordinary Patents It has been clear since at least the late 1940s that patents on inventions made with federal government support should not be treated like ordinary patents. No one–even the advocates for Bayh-Dole–has … Continue reading
Posted in Bayh-Dole
Tagged ordinary patents, practical application, public covenant
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