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Tag Archives: scope
A major law firm’s new FAQ on Bayh-Dole, 2: Subject inventions
[expanded 2/28/2022 with a further discussion of contractor patenting and some editing for clarity] We are working through a sparkling fresh FAQ on Bayh-Dole by a major law firm, apparently directed at small companies fool enough to consider taking SBIR … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, reduced to practice, scope
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The inefficiencies of Bayh-Dole discussions-1
A common approach to discussions of Bayh-Dole is (1) accept that what is happening is just what people say is happening–the law is working (as people claim), based on a politicized spun history (as people claim), based on a metrics … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, scope, Stanford v Roche, subject invention
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Univeristy and Exclusive Licensee Exposure to Bayh-Dole Non-Compliance
I’ll try to make this simple. When a university creates a written policy that commits it to attempting to commercialize inventions made with federal support, that policy alters the scope of any proposal the university submits for federal funding. Commercialization … Continue reading
Another question on RE: When does Bayh-Dole not apply?–2
Let’s get into the details–dance with devils, reveal Bayh-Dole’s true character. Get some sympathy. Let’s consider again that heading of Title 35 USC, Chapter 18: “Patent Rights in Inventions Made with Federal Assistance.” In Bayh-Dole, “patent rights” are restricted, relative … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, contractor, scope
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Another question on RE: When does Bayh-Dole not apply?–1
When does Bayh-Dole not apply? Bayh-Dole is part of federal patent law, Title 35 USC, placed in Chapter 18 with heading “Patent Rights in Inventions Made with Federal Assistance.” Thus, broadly, we can expect that Bayh-Dole does not apply to … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, contractor, funding agreement, scope
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An invention is not a thing, 2: The fringe cases and federal policy
We are working through the logic of Bayh-Dole’s requirements on ownership of inventions made in work receiving federal support. We have made the point that an invention is not a thing–it is a category, a set, a collection of ways … Continue reading
An invention is not a thing, 1: the “may be patentable” category
An invention is not a thing. An invention not a “cotton gin” or a “light bulb,” even though a cotton gin and a light bulb were once inventive. It doesn’t help to use things as proxies for inventions. An invention … Continue reading
Oh wow–short form
Bayh-Dole has to be broad Bayh-Dole’s scope has to be as broad as the broadest federal statute or regulation pertaining to federal rights to inventions. In Bayh-Dole, “subject invention” is defined broadly to include conception or first actual reduction to … Continue reading
The IPA and Wisconsin’s 1969 Patent Policy, 5
Start here: The IPA and Wisconsin’s 1969 Patent Policy, 1 The new 1969 Wisconsin patent policy broadens the scope of the university’s interest in patents yet further: Here is the Wisconsin IPA definition of “subject invention”: Both elements are essential … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research
Tagged cleverly crafted scheme, institutional conflict of interest, IPA, ordinary skill in the art, patent policy, scope, subject invention, subvention, Wisconsin
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Invention is injury
I have been mulling over “scope of employment” and “course of employment” and “official duties” and related constructions that show up repeatedly in university patent policies. A strange thing about these matters is that there are two very different bodies … Continue reading