Tag Archives: reasonable terms

Bayh-Dole Basics, 8: Reasonable Terms Comments-4

We are working through the details of prior treatments of what becomes “reasonable terms” in Bayh-Dole’s definition of “practical application.” This definition in turn becomes the threshold for federal agency march-in under 35 USC 203(a)(1)–the first of the four march-in … Continue reading

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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

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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

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