Tag Archives: precedence

Federal agency patent enforcement under Bayh-Dole, 2

Posted on June 7, 2020 by Gerald Barnett

We are working through two assertions about Bayh-Dole. The first is rather easy–Bayh-Dole does not anywhere give federal agencies the right to enforce patents on federally owned inventions. It’s not there. It’s not a matter of much argument. The second … Continue reading →

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10 Oddities of 35 USC 210

Posted on January 6, 2020 by Gerald Barnett

The Bayh-Dole Act does not repeal prior law with regard to inventions arising from federally supported research or development. Instead, it selectively preempts statutes (with some exceptions). Here is the start of 35 USC 210(a): This chapter shall take precedence … Continue reading →

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