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Tag Archives: Stanford v Roche
They just can’t kill the beast
After the Supreme Court ruled in Stanford v Roche, Joe Allen and Howard Bremer wrote an article (“After Stanford v Roche: Bayh-Dole Still Stands“) in which they asserted that they had argued against the idea that Bayh-Dole vested with contractors … Continue reading
Posted in Bayh-Dole, Bozonet, History, Policy, Stanford v Roche
Tagged Allen, Bremer, Stanford v Roche, vesting
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Senator Bayh’s inventor-loathing faux Bayh-Dole Act
There has been plenty written about the practice lesson taught by the Supreme Court decision in Stanford v Roche. I’m dismayed how much of it shows no evidence of an awareness of the facts of the case and the primary … Continue reading
Posted in Bayh-Dole, Policy, Stanford v Roche
Tagged Bayh, Bayh-Dole, faux, inventor loathing, of, Stanford v Roche
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Stanford v Roche was not about how to make Bayh-Dole into a vesting statute
The Stanford v Roche decision was not at all about the proper technical steps to make Bayh-Dole into a vesting statute. Even the Court’s minority opinion–what the lawyer-krakkens fixated on–was a musing on whether there should be any difference in the equitable ownership of an … Continue reading
Posted in Bayh-Dole, Stanford v Roche
Tagged 35 USC 200-212, 35 USC 261, Bayh-Dole, Stanford v Roche, vesting
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NASA Turns Bayh-Dole Into a Vesting Statute
The US Supreme Court in Stanford v Roche ruled that Bayh-Dole was not a “vesting statute”–the law did not place ownership of patentable inventions made with federal support with the universities that hosted the research: Stanford contends that reading the … Continue reading
Posted in Bayh-Dole, Policy, Present Assignment, Stanford v Roche
Tagged Bayh-Dole, FAR, NASA, Stanford v Roche, subject invention
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The First Principle of Bayh-Dole
Here is the First Principle of Bayh-Dole: A federal agency may not require the assignment to the federal government of an invention made with federal support at a nonprofit or small business if an inventor or the inventor’s assignee reports … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, invention, Stanford v Roche
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Five Law Cases for University IP Management
Here are some law cases involving intellectual property that faculty considering IP policies and scholarship should be aware of. I give a date for a primary decision (there are all sorts of proceedings for these cases), a brief summary, and … Continue reading
Letters of Marque
Here is an odd thing. Under the US Constitution, Congress is granted in Article I, Section 8, among other Powers, the power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, letter of marque, Stanford v Roche, talk like a pirate day
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1962 University of Arizona patent policy allowed inventors to choose their agent
In Neal Stephenson’s Anathem, in an earth-history parallel but someways upside downed from our own, there is an order of “avouts” or knowledge-monks called Lorites. A Lorite is “A member of a Order founded by Saunt Lora, who believed that … Continue reading
Posted in Bayh-Dole, Policy, Technology Transfer
Tagged Arizona, Lorites, patent, policy, Stanford v Roche
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The Retrenchment Movement
The Stanford v. Roche case was about how universities get ownership of inventions under Bayh-Dole. Stanford argued vesting. The Solicitor General argued voiding all other alternatives. WARF argued faculty were gullible, inept, and selfish. AUTM threw sticks and dirt in … Continue reading
Posted in Bayh-Dole, Policy, Stanford v Roche, Technology Transfer
Tagged Bayh-Dole, Stanford v Roche
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Practical Lessons for University Counsel
Here’s a typical slide deck (it opens in PowerPoint–sorry non-‘Softies) [now deleted–but here is a similar slide deck, posted at the University of Tennessee at about the same time, by Lakita Cavin, a staff attorney, and displaying similar problems] talking … Continue reading
Posted in Bayh-Dole, Stanford v Roche, Technology Transfer
Tagged Bayh-Dole, lessons, Stanford v Roche
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