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Tag Archives: public covenant
Only Bayh-Dole and University Research Enterprise, 5
We are working to explain a complicated scheme to circumvent federal policy and suppress a public discussion of the merits of doing so. Suppression of public discussion is a pretty good sign that the merits are lacking. Lack of evidence … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, inventions, public covenant
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Bayh-Dole basics, 1: public covenant comments
University patent administrators ignore Bayh-Dole’s statement of policy at 35 USC 200. At best, they treat it as a statement of objectives, not policy, and that these objectives are a problem for Congress if no one bothers to accomplish them. … Continue reading
Posted in Bayh-Dole
Tagged 35 USC 200, Bayh-Dole, invention, public covenant
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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’s Public Covenant, 5
The Necessity of Government Action Under Its Non-exclusive Licenses Let’s look at two arguments why the government must act on its licensed rights in subject inventions. The first argument has to do with the rhetoric of Bayh-Dole. If the government … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged Bayh-Dole, public covenant, reasonable terms, subject invention
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Bayh-Dole’s Public Covenant, 4
The Faux Public Covenant in Bayh-Dole The government license forms an essential part of the public covenant on inventions arising from research or development supported in part by government funding. For the other parts of the public covenant, the patent … Continue reading
Posted in Bayh-Dole
Tagged faux, government market, have practiced, public covenant
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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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That special special case 5: From invention to patent to flip
Patent System and Public Covenants If the patent system is good as it is, and does not require a public covenant to run with inventions made in federally supported research, then why should federal policy endorse the two circumventions of … Continue reading
Posted in Bayh-Dole, IP, Policy
Tagged patent system, portfolio, public covenant, special case, trolling
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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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Bayh-Dole Secrecy, Part 10
The 1984 change to Bayh-Dole conflates information that must be disclosed by federal agencies under FOIA with information that federal agencies must exclude from FOIA disclosure. This conflation itself violates FOIA. Bayh-Dole does not declare as a matter of law … Continue reading
Posted in Bayh-Dole
Tagged (b)(4), Bayh-Dole, Crow, FOIA, impulsive form, public covenant, puffy preambles, scam
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The Public Research Patent Covenant–Narrative Version
The Institutional Patent Agreement approach to patent rights arising from federally supported research carried with it what we may call a public covenant, a set of conditions that run with each patent on a subject invention that place limits on … Continue reading
Posted in Bayh-Dole, Commons, Policy, Social Science, Technology Transfer, Vannever Bush
Tagged Bayh-Dole, Bremer, IPA, middlemen, public covenant
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