Posts Tagged: "Bayh-Dole"

Study: Industry/University Partnerships Critical to Economy

A study released today by the Biotechnology Industry Organization (BIO) provides first-of-its-kind data on the importance of university/industry research and development partnerships to the U.S. economy. The study of university technology licensing from 1996 to 2007 shows a $187 billion dollar positive impact on the U.S. Gross National Product (GNP) and a $457 billion addition to gross industrial output, using…

CAFC Continues to Struggle with How Title to Subject Inventions Works under Bayh-Dole

Federal funding, typically in the form of research grants, is often used to support university research.  The Bayh-Dole Act also allows universities to retain title to invention rights in such research (referred to as “subject inventions”).  See 35 U.S.C. § 202(c)(2).  What the Federal Circuit has struggled with recently is what does “retain title” mean under Bayh-Dole, and especially where…

Responding to Critics: My View on Patents & Innovation

I seem to have started a firestorm by writing a post openly questioning how a patent attorney (i.e., Stephan Kinsella) could be of the opinion that it is preferable to have weak patent rights.  I openly questioned how and why any individual or corporation would hire a patent attorney who does not believe in the patent system and seems to…

Cake and Eat it Too: Patents Do Not Prevent Research

Perhaps the single most beneficial piece of legislation that the United States Congress has enacted during my lifetime is the Bayh-Dole Act, codified in Chapter 18 of Title 35 of the United States Code, enacted in 1980 and named after co-sponsored Senators Birch Bayh of Indiana and Robert Dole of Kansas. Everyone who knows anything about patent law, technology transfer…

Confessions of an Otherwise Respectable Blogger

Earlier today Kevin Noonan of Patent Docs posted an article titled Falsehoods, Distortions Lies in the Gene Patenting Debate.  In the article’s first paragraph Noonan explains that ever since the filing of a complaint by the ACLU challenging the propriety of certain gene patents owned by Myriad Genetics, the debate regarding gene patents has gone mainstream.  He wrote: Thus, there…

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