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Tag Archives: subject invention
Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 1
Bayh-Dole botches its management of invention ownership. To see how, we need to look at how Bayh-Dole in 1980 changed the Federal Procurement Regulation put in place in 1975. In particular, let’s look at how the definition of subject invention … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged 41 CFR 9-1, assignment, Bayh-Dole, botch, equitable title, Federal Procurement Regulations, of the contractor, subject invention
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What the NIH says about Bayh-Dole, 1
The NIH has published comments on the NIST changes to the regulations that implement the Bayh-Dole Act and the standard patent rights clause. Jamie Love at Knowledge Ecology International calls out in a tweet a passage in the “Background” section in … Continue reading
Posted in Bayh-Dole, Open Source, Policy
Tagged Bayh-Dole, crock, NIH, Stanford v Roche, subject invention
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Invention, subject invention, and the clever scheme of Bayh-Dole
Here is the definition of invention in the Kennedy executive branch patent policy, 1963 (Section 4(b)): Invention or Invention or discovery–includes any art, machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety … Continue reading
Posted in Bayh-Dole, Sponsored Research, Stanford v Roche
Tagged bamboozled, Bayh-Dole, Federal Procurement Regulations, invention, subject invention
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Undisclosed subject inventions made in development and commercialization contracts
A note on subject inventions not disclosed under Bayh-Dole–and a place for auditors to romp and play as auditors are wont to do, if auditors were ever to romp and play with regard to anything consequential in Bayh-Dole. What follows … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, fantasy, funding agreement, subject invention
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Bayh-Dole’s Ruby Slippers
This is a story about 35 USC 201(b), 35 USC 202(a), 37 CFR 401.9, and 37 CFR 401.14(f)(2) and (g)(1). These provisions of Bayh-Dole, implementing regulations, and standard patent rights clause, when read together, create ruby slippers. [I’ve revised the … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), 35 USC 202(a), Bayh-Dole, contractor, ruby slippers, subject invention
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Ten Year Note
Ten years ago, on September 4, 2008, I started the Research Enterprise blog. My idea was to use the blog to document what I had learned about university-based technology transfer over 15 years of licensing practice, and to describe ways … Continue reading
Posted in Bayh-Dole, Innovation, Policy, Technology Transfer
Tagged audit, Bayh-Dole, compliance, misrepresentations, subject invention, WTF
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Bayh-Dole Basics, 7: Disclosure comments, 2
We are working through the details of Bayh-Dole’s requirement that all subject inventions must be disclosed. What are subject inventions? What is the scope of a funding agreement? Who must disclose? What is the nature of the disclosure? Good questions, … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, BDCBF, disclosure, dog turds, subject invention
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AUTM’s invitation to delude yourself, 3
To show how clueless the universities have been about Bayh-Dole–look at this finding from the GAO’s 1998 report on university administration of Bayh-Dole inventions: The policies varied among the universities in connection with how they determined whether the invention was … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged AUTM, GAO, manufactured substantially, small business, subject invention
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When experts cheat at Bayh-Dole
In the classic guide to cheating at cards, The Expert at the Card Table, the point gets made that an expert cheater can cheat regardless of the watchfulness of anyone who expects him or her to cheat. An expert cheat … Continue reading
Bayh-Dole applies only to subject inventions
Bayh-Dole has three parts–a contracting part, a federal licensing part, and a general part. The general part includes 35 USC 200 (statement of policy and objectives), 35 USC 210 (precedence and general requirements), and 35 USC 211 (antitrust). When people … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, contractor, standard patent rights clause, subject invention
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