Search the RE article base
Contact Information
Twitter
My TweetsUseful Web Sites
Tag Archives: Stanford v Roche
A non-compliant Bayh-Dole written agreement at Yale-4
We are working through Yale’s “Patent Policy Acknowledgement & Agreement.” Most recently we borked about employment and faculty freedom. Now let’s look at how the agreement deals with consulting. It tries to worry the problem of conflicting obligations–Yale doesn’t want … Continue reading
Posted in Agreements, Bayh-Dole, Policy
Tagged Bayh-Dole, consulting, patent policy, Stanford v Roche, Yale
Comments Off on A non-compliant Bayh-Dole written agreement at Yale-4
Reagan’s Bayh-Dole cluster bungle
In 1987, President Reagan signed an executive order (12591) that aimed to legitimize his 1983 memorandum that instructed heads of executive branch departments and agencies to “promote the commercialization . . . of patentable results of federally funded research by … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, cluster, Stanford v Roche
Comments Off on Reagan’s Bayh-Dole cluster bungle
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
Comments Off on The inefficiencies of Bayh-Dole discussions-1
A sense of proportion–5
One can see, then, where Bayh-Dole comes into play in this meaningless mess. Bayh-Dole was drafted by the same folks who created the IPA system. The IPA system was shut down in 1978 as ineffective and contrary to public policy. … Continue reading
Posted in Bayh-Dole, Fun, History, Policy, Sponsored Research, Technology Transfer
Tagged Bayh-Dole, franken law, IPA, Stanford v Roche
Comments Off on A sense of proportion–5
Federal law on inventions made with federal support, 2
Next, we add citations and qualifications to ground this framework. Specialty statutes for specific federal purposes control federal claims of ownership of inventions made under federal contract. See the list of such statutes at 35 USC 210. If a specialty statute … Continue reading
Posted in Bayh-Dole
Tagged 15 USC 2218(d), assignment, Bayh-Dole, contractor, Nixon, Stanford v Roche
Comments Off on Federal law on inventions made with federal support, 2
What the NIH says about Bayh-Dole, 1
The NIH has published comments on the NIST changes to the regulations that implement the Bayh-Dole Act and the standard patent rights clause. Jamie Love at Knowledge Ecology International calls out in a tweet a passage in the “Background” section in … Continue reading
Posted in Bayh-Dole, Open Source, Policy
Tagged Bayh-Dole, crock, NIH, Stanford v Roche, subject invention
Comments Off on What the NIH says about Bayh-Dole, 1
Exceptional Circumstances in Bayh-Dole, 2
Here’s the slide from Dr. Thomas that starts our descent into darkness. Part of the slide contents is accurate. Part is slipped. Let’s take up the slipped. First, Bayh-Dole does not say the federal government “retains patent rights” when the … Continue reading
Posted in Bayh-Dole, Technology Transfer
Tagged Bayh-Dole, exceptional circumstances, NIH, Stanford v Roche
Comments Off on Exceptional Circumstances in Bayh-Dole, 2
AAU, APLU, and others aim to “bolster” federal technology transfer, 5
Higher education associations, led by AAU and APLU, give advice to NIST about ways to bolster federal technology transfer by telling NIST about non-federal university technology transfer. The HEAs have insisted that Bayh-Dole has been working as intended, which we … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged AAU, APLU, fake history, National Research Council, Stanford v Roche
Comments Off on AAU, APLU, and others aim to “bolster” federal technology transfer, 5
The NIH’s View of Bayh-Dole Compliance, 4
Here’s the NIH offering an overview of Bayh-Dole for its SBIR and STTR programs. Much of the “information” here appears to be drawn from an NIH Q&A document from 1995. That document, “A ’20-20′ View of Invention Reporting to the … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, clueless, NIH, Stanford v Roche
Comments Off on The NIH’s View of Bayh-Dole Compliance, 4
NIST smokes Stanford v Roche, 2
Let’s get simple about the NIST rule change on assignment of subject inventions. This requires logic. I’m sorry about that. I know it’s not the Bayh-Dole way. Supreme Court: Bayh-Dole applies only to subject inventions. A subject invention is an … Continue reading
Posted in Bayh-Dole, Stanford v Roche
Tagged equitable title, NIST, prissy, Stanford v Roche, vesting, written agreement
Comments Off on NIST smokes Stanford v Roche, 2