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Tag Archives: standard patent rights clause
Bayh-Dole Adds Bureaucracy, 1: Conditional Preemption
Bayh-Dole conditionally preempts federal statutes pertaining to the ownership of inventions made with federal support (35 USC 210(a)). If a party to a federal funding agreement acquires ownership of such an invention–a subject invention–then Bayh-Dole conditions, as conveyed through that … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, conditional, Nixon, preempt, standard patent rights clause
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Bayh-Dole for university faculty
Let’s put Bayh-Dole plainly for university faculty. Under federal patent law, inventors own their inventions. Federal patent law does not require inventors to use the patent system. Federal patent law does not require inventors to assign their inventions. Bayh-Dole is … Continue reading
Posted in Uncategorized
Tagged 37 CFR 401.9, Bayh-Dole, faculty, standard patent rights clause
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Bayh-Dole applies only to subject inventions
Bayh-Dole has three parts–a contracting part, a federal licensing part, and a general part. The general part includes 35 USC 200 (statement of policy and objectives), 35 USC 210 (precedence and general requirements), and 35 USC 211 (antitrust). When people … Continue reading
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Tagged Bayh-Dole, contractor, standard patent rights clause, subject invention
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Two ways to turn an invention into a subject invention, 2
The complicated (f)(2) approach Now consider the complicated approach under (f)(2). The university has to somehow compel inventors to assign all inventions to the university, even though (f)(2) requires the university to require inventors to promise to establish the government’s … Continue reading
Posted in Bayh-Dole
Tagged (f)(2) agreement, Bayh-Dole, standard patent rights clause
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The path from Bayh-Dole to inventors
Bayh-Dole is a law of federal contracting for inventions. Let’s work through it, again. 1) Bayh-Dole applies to federal agencies, not to universities. When university administrators say that “Bayh-Dole requires universities to commercialize inventions made with federal funding,” they are twice wrong. First, … Continue reading
Posted in Agreements, Bayh-Dole
Tagged (f)(2), 2 CFR 200, Bayh-Dole, flow down, standard patent rights clause
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