Monthly Archives: November 2009

The Minimum Policy

Posted on November 20, 2009 by Gerald Barnett

As you may have noticed, I have been working through ownership issues for inventions made under Bayh-Dole. A question that has come up is: What’s the minimum policy required at a university to implement Bayh-Dole? It would appear that a … Continue reading →

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Not a Flying Toy

Posted on November 20, 2009 by Gerry Barnett

This is part of the discussion I posted previously at Techno-L on 11/3/09. I’m putting it up here for the sake of assembling the various takes on this issue. It lays out some of the diverse ways Bayh-Dole could be … Continue reading →

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Don’t Be a Title-Retentive Bureauklept

Posted on November 20, 2009 by Gerry Barnett

I’ve written a bunch on this topic. Here’s a shorter restatement of the previous posts. Patent rights under Bayh-Dole do not vest outright with the university, but rather with inventors as rights in personal property. Title to inventions in Bayh-Dole … Continue reading →

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Apply It Like It Is S v R

Posted on November 19, 2009 by Gerry Barnett

(Note: this post continues from the previous one. I don’t take up the particulars of the Stanford v. Roche case, and I wish the disputants, the judges, the attorneys and inventors all the best. Here, I aim to show how … Continue reading →

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What Happens?

Posted on November 19, 2009 by Gerry Barnett

I’ve spent some time in previous posts mapping out ways title to inventions is managed under Bayh-Dole. I’ve argued that Bayh-Dole sets up an apparatus of disclosure and obligation that permits a range of practices by universities while protecting government … Continue reading →

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Why Can’t We Be Friends?

Posted on November 18, 2009 by Gerry Barnett

Yesterday I read through the amicus curae brief filed by WARF, AUTM, UC, and others. I thought about it on the commute home, and read it over some more last night and early this morning. I’m bothered, and not just … Continue reading →

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Pining for Fjords

Posted on November 18, 2009 by Gerry Barnett

Over at IP Wachdog Eric W. Guttag has posted a detailed review of Stanford v. Roche, and provides an argument for the vesting of rights under Bayh-Dole. Guttag argues that the court misinterprets how title works under Bayh-Dole. There’s an … Continue reading →

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The Use Cascade

Posted on November 17, 2009 by Gerry Barnett

Re-reading an article today that argues for an “implied duty to commercialize” under Bayh-Dole. This all gets me grumpy because it reinforces a simplistic equivalence in understanding the law: that “commercialization” is the primary goal. And by “commercialization” is meant, … Continue reading →

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5 Ways Home

Posted on November 16, 2009 by Gerry Barnett

How does ownership vest under Bayh-Dole? There appear to be five arguable ways that patent title vests under Bayh-Dole. I give them here with the best argument I have identified for each. By way of disclosure, if previous posts haven’t … Continue reading →

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The AEA, Bayh-Dole, and Government Patent Claims

Posted on November 16, 2009 by Gerry Barnett

It has been pointed out that I should take a look at the Atomic Energy Act of 1954. The AEA is an interesting read. Bayh-Dole is at pains to carve out DOE/atomic-nuclear energy provisions, but expressly takes precedence over AEA … Continue reading →

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