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Tag Archives: subject invention
NIAID botches Bayh-Dole
This will be a bit of a long ride. Buckle up. In 2011, the US Supreme Court ruled in Stanford v Roche that the Bayh-Dole Act does not vest title to inventions made in federally supported work with the nonprofit … Continue reading
Another Question on RE: Does a subject invention have to be enabling?
A new question showed up in the RE search queue: “does a subject invention have to be enabling?” How to unwind this one? We can try. Another way to put it might be, “when does something new–an idea, an insight, … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), 35 USC 201(e), 35 USC 202(c)(1), 37 CFR 401.14(c)(1), disclosure, enablement, subject invention
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The IPA and Bayh-Dole on nonprofit assignment of subject inventions, 1
Norman Latker, patent counsel at the NIH, drafted Bayh-Dole on the sly, working against HEW policy on inventions to create an easier pathway by which nonprofits could pass exclusive control of inventions made in work receiving NIH funding to the … Continue reading
Posted in Bayh-Dole, History
Tagged assignment, Bayh-Dole, CNIOSI, IPA, Latker, subject invention
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Why is an invention a subject invention?–2
We had a look at antecedents to Bayh-Dole’s strange definition of “subject invention.” We saw that the definition has two purposes– (1) to identify the use of the term “invention” with patent law, so Bayh-Dole works with a defined term … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, subject invention
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Why is an invention a subject invention?–1
Let’s look at three antecedents for Bayh-Dole’s definition of “subject invention”: The Institutional Patent Agreement master, 1968, that allowed participating non-profits to end-run DWEW contracting policy and take ownership of inventions made with NIH funding (Latker said that Bayh-Dole was … Continue reading
Posted in Bayh-Dole, Policy
Tagged Bayh-Dole, clockworks, subject invention
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Search on RE: Bayh-Dole provisions and subject inventions
Here’s a recent search on Research Enterprise: “bayh-dole provisions only apply to subject inventions.” Is it a question? Is it an assertion? Does Bayh-Dole apply only to subject inventions? No. Some Bayh-Dole provisions do apply to subject inventions, but much … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, botch, funding agreement, subject invention
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Working through an old misrepresentation of Bayh-Dole, 1
I was doing some work to find a broken link and ended up at the web site of the University of Rochester Offices of Technology Transfer, as of July 6, 2011. Here’s a bit from their information “For Inventors: Commercialization … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, funding agreement, subject invention
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University breach of Bayh-Dole’s standard patent rights clause
Let’s get at the consequence of two non-Bayh-Dole provisions injected into the standard patent rights clause stipulated by Bayh-Dole: the (f)(2) written agreement requirement and the (g)(1) requirements on subcontracts. In particular, let’s look at what happens when a university … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, subcontract, subject invention, written agreement
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10 Oddities of 35 USC 210
The Bayh-Dole Act does not repeal prior law with regard to inventions arising from federally supported research or development. Instead, it selectively preempts statutes (with some exceptions). Here is the start of 35 USC 210(a): This chapter shall take precedence … Continue reading
Posted in Bayh-Dole
Tagged 28 USC 1498, Bayh-Dole, precedence, subject invention
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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
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