Tag Archives: SPRC

Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 3

A careful read of Bayh-Dole and its omission of the patent agreement requirement argues not only did Bayh-Dole reverse the “presumption” of federal ownership of inventions made under contract but also repudiated the federal requirement that contractors own inventions so … Continue reading

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Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 2

We are looking at how Bayh-Dole botches invention ownership. Where the Federal Procurement Regulations implemented in 1975 were clear, Bayh-Dole in 1980 is muddy. The FPR approach is simple: contractors must have patent agreements that ensure that contractors will be … Continue reading

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Mapping Bayh-Dole Flow of Control

I have updated this article from June 24, 2011  in light of the Stanford v Roche decision. In its previous version, the article sets out the idea that a federal agency has a right to claim title to inventions made … Continue reading

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Bayh-Dole nonsense in a talk at the University of Pittsburgh

Last year (March 2016), Joe Allen gave a talk at the University of Pittsburgh, “Patent Ownership Under Bayh-Dole, reported in the University Times. Called “a key architect of the Bayh-Dole Act,” Allen manages to fill a talk summary with mostly … Continue reading

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IPA compared with BD and its CFR and SPRC

I have created a table that lays out some of the differences between the 1968 HEW Institutional Patent Agreement template and the Bayh-Dole Act, the implementing regulations at 37 CFR Part 401, and in particular the Standard Patent Rights Clause … Continue reading

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Assigning the SPRC

Melba Kurman asks in a comment to the previous post that I discuss assignment of the SPRC in more detail. Melba has an interesting blog on university technology management, so check it out here. [The blog has been retired–but for … Continue reading

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