Tag Archives: stupid

The better way is no way: background rights, royalty stacking, and double licensing arising from university IP claims

Posted on August 20, 2024 by Gerald Barnett

Let’s start blunt. Then extended discussion. Snark as needed. Current university IP policies create a background rights problem that drives away collaborators, makes university-based inventions irrelevant, and makes university dealings with IP default to unreliable. One of the dark problems … Continue reading →

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An invention is not a thing, 3: Some university policy definitions of invention

Posted on September 30, 2019 by Gerald Barnett

An invention is not a thing. An invention is a set of practices and objects. Invention is broader than just what’s patentable, as is the case with Bayh-Dole’s definition of invention, which includes stuff that’s not patentable and stuff that … Continue reading →

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The Arizona Commerce Authority Guidance on Bayh-Dole, 2

Posted on July 23, 2019 by Gerald Barnett

We are working our way through the Arizona Commerce Authority’s unhelpful misguidance to small businesses regarding Bayh-Dole. Our first article worked through the ACA’s fake law and fake history, culminating with its note about Stanford v Roche, a case important … Continue reading →

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NIST smokes Stanford v Roche

Posted on May 9, 2018 by Gerald Barnett

I don’t know what NIST folks were thinking (fortunately). But here’s what may have happened. They may have in fact read Stanford v Roche, but that clearly has not helped them. They are still clueless. Supreme Court: Bayh-Dole applies only … Continue reading →

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Still in Shock

Posted on December 11, 2009 by Gerald Barnett

I’m still in shock, having seen AUTM and WARF, among others, out proposing that Bayh-Dole pre-empts the normal vesting of ownership of inventions, and worse and worse arguing that doing so somehow supports academic freedom and therefore is noble. The … Continue reading →

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