Tag Archives: substantial rights

These are not the investors Congress was looking for

Posted on January 18, 2019 by Gerald Barnett

Universities routinely assign federally funded inventions to companies. They do so under the cover of an exclusive patent license, expecting that they won’t get caught. There are two kinds of exclusive license. In one, a true exclusive license, the licensee … Continue reading →

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Bayh-Dole Basics, 5: invention assignment comments

Posted on March 9, 2018 by Gerald Barnett

Here is a basic distinction. Bayh-Dole prohibits nonprofits from assigning subject inventions except to an invention management organization or with the approval of the federal agency–and then only if the assignee accepts the nonprofit patent rights clause. Bayh-Dole says nothing … Continue reading →

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You should want to see Bayh-Dole operate as written. Here’s why.

Posted on February 16, 2018 by Gerald Barnett

Let’s start with some Bayh-Dole basics. Bayh-Dole preempts all other statutes but Stevenson-Wydler on matters of federal policy on inventions made in research contracts (35 USC 210). Bayh-Dole is the only authority on the matter. Bayh-Dole requires federal agencies to … Continue reading →

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