Tag Archives: subject invention

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

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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

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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

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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

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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

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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

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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

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Another question on RE: When does Bayh-Dole not apply?–6

To get at subject inventions, we will cover some of the same ground as that series of RE articles on subject inventions, but from a different angle. Bayh-Dole’s contracting provisions do not apply if an invention made under federal contract … Continue reading

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Another question on RE: When does Bayh-Dole not apply?–5

We are working through when Bayh-Dole does not apply. Bayh-Dole doesn’t apply to works of authorship or copyright or data or data rights or know how or trade secrets (except to keep trade secrets secret even when the trade secret … Continue reading

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Another question on RE: When does Bayh-Dole not apply?–4

Now that you have a better idea about Bayh-Dole and have done some thinking about why someone might want it Bayh-Dole to apply and others might not want it to apply, let’s work the definition of invention (at 35 USC … Continue reading

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