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Tag Archives: subject invention
When is an invention a subject invention?–1
[Y’all are reading this one. I’ve made a few edits for clarity. Where it matters I’ve left some strike-throughs.] A search query here at Research Enterprise recently asked how to determine if an invention is a “government subject invention.” Here … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, subject invention
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The Arizona Commerce Authority Guidance on Bayh-Dole, 3
We continue with our review of the Arizona Commerce Authority’s account of Bayh-Dole. The ACA has made these points [our comment]: Bayh-Dole is really broad [yes–but its breadth is not just in the scope of what’s patentable, but also in … Continue reading
Posted in Bayh-Dole
Tagged Arizona, Bayh-Dole, invention, subject invention
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Contractor Background Rights and March-in
Bayh-Dole’s march-in provisions (35 USC 203) are worthless. They were designed to be worthless, except for creating a show of public oversight and intervention that allowed Bayh-Dole to get through Congress and be signed into law. Bremer bragged about how … Continue reading
Posted in Bayh-Dole
Tagged background rights, Bayh-Dole, march-in, subject invention
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More bad Bayh-Dole advice in the wild
Here are “three important questions answered” by a company specializing in Bayh-Dole compliance. (I’m sorry, Nikki. Have your people up their game.) 1) If you report an invention after the 60-day deadline, can the Government take title? Yes, the Government … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged Bayh-Dole, compliance, disclosure, subject invention
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9 things Bayh-Dole does not require universities to do, part 1
Let’s review some of the things Bayh-Dole does not require universities to do. These, despite what you may have heard. First the list, then the discussion, then an extended technical note for the folks that want detail and think perhaps … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, commercialization, disclosure, invention, ownership, subject invention
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Oh wow. Implications of Bayh-Dole’s broad scope
For Bayh-Dole’s preemption to operate “uniformly,” Bayh-Dole’s scope has to be as broad as any federal statutes and executive branch patent policy that claim any federal interest in inventions arising from federally supported research or development. Since those statutes and … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, nonprofit, oh wow, subject invention
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Federal law on inventions made with federal support, 3
Now, let’s emphasize a few points. There are at least three ways that a contractor may come to own an invention made with federal support: inventors assign their inventions state law (in some cases, such as Ohio Rev Code 3345.14) … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, contractor, subject invention
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Another NIST FAQ-up, 1
NIST doesn’t understand Bayh-Dole. Let’s take another look at their mind-numbing FAQ. Here’s the question NIST asks: Does an invention need to be reported if it was conceived before an award but reduced to practice as part of the award? This … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, conceive, disclose, FAQ, first actually reduce to practice, NIST, subject invention
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NIST’s Explanation of the Addition of an Assignment Requirement
NIST added an assignment requirement to the standard patent rights clause authorized by Bayh-Dole. There’s no authority in Bayh-Dole, however, for an assignment requirement. The Supreme Court in Stanford v Roche made clear that Bayh-Dole does not vest ownership, does … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, NIST, subject invention
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“Government” rights in federally supported inventions, 2
We might ask, then, what happens if a contractor does not acquire ownership of an invention made in the performance of work under a federal funding agreement. The answer is that the Nixon patent policy as revised remains in effect, … Continue reading
Posted in Bayh-Dole, Policy
Tagged Bayh-Dole, contractor, slop, subject invention
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