Tag Archives: Bayh-Dole

Important Update re: Bayh-Dole Law and Policy: Another "March-In" Petition

Another “march-in petition” has been filed recently as part of the on-going implementation of the Bayh-Dole system. The attached web page provides access to the petition, cover letter, and broader context. Now, several groups are seeking march-in against a series of AIDS/HIV related drug patents. Funding for the underlying inventions was provided by the NIH.  No … Continue reading this entry

Patent Explosion for 977 Patent Publications Continues as 2011 Finishes

Patent filing data are suggesting (if not confirming) that nanotechnology is an increasingly important technology sector in the U.S. For example, in 2004, the US PTO created the 977 nanotechnology class which provides a useful metric. In 2011, the 10,000th nanotechnology 977 patent publication published. The current patent publication count stands at 10,735 (as of December 8, 2011). … Continue reading this entry

US Government Asserts Rights in Solar Patents under Bayh-Dole Act

Investors need to be aware of the Bayh-Dole Act and the risks and requirements that the Act presents. This is true whether investors are U.S.-based or based outside the U.S. Reports are emerging, for example, that the Department of Energy is taking title to several solar patents previously owned by Evergreen Solar, which filed for … Continue reading this entry

Supreme Court Rejects Stanford's Argument: Will Bayh-Dole be Amended?

The Supreme Court on June 6, 2011 rejected Stanford University’s argument that it owned important patents.  See, Stanford v. Roche, 563 U. S. ____ (2011).  This case is complicated and subtly important, as noted in my prior blogs from December 11 and November 1, 2010.  The impact will be felt for all high technology including cleantech and nanotech, as … Continue reading this entry

Top Ten Bayh-Dole Issues at its 30 Year Mark

In view of Bayh-Dole’s ("B-D") thirty year anniversary celebration on December 12, 2010, we offer a "Top Ten" list of leading Bayh-Dole issues. The B-D system is critical to federal priorities such as nanotech and cleantech. Stanford v. Roche now to be heard at the Supreme Court.  e.g., How are patent ownership issues impacted when … Continue reading this entry

Nanotech NNI Conference, Day Two: Nanotech Advances After the Hype Phase

Today’s conference in Washington D.C. on the "NNI at Ten" theme continued into a second day, attracting hundreds (likely well over 500 persons). One main theme linking together many inputs was that nanotech is advancing steadily following a hype and bubble bursting phase which often plagues technical innovation. Over twenty speakers presented on what they believe … Continue reading this entry

Nanotech, Cleantech, and Lerner's Book: Give Thanks for What Government is Doing?!

Last year, Josh Lerner published another provocative book, Boulevard of Broken Dreams, Why Public Efforts to Boost Entrepreneurship and Venture Capital Have Failed – and What to Do About It (Princeton University Press, 2009). Why bring this up now? Two reasons include: The ten year anniversary of the National Nanotechnology Initiative (NNI) is at hand, and … Continue reading this entry

Jobs, Jobs: Celebrate Bayh-Dole at 30 by Accelerated Examination of Bayh-Dole Patent Applications?

You may have heard that the celebrated Bayh-Dole Act is coming up to its 30 year anniversary in December, 2010. How to celebrate? Here is an idea: the US PTO can (should) provide the option for patent applications which are covering federally funded inventions to experience accelerated examination. More than a celebration, this could be a job creator? Why do … Continue reading this entry

Bayh-Dole Hits the Supreme Court: Stanford v. Roche

Bayh-Dole has made it now to the Supreme Court, based on a decision today by the Supreme C. to grant cert. In this case, the Supreme Court will decide whether patents on inventions that arise from federally funded research must go to the university, Stanford University, where the inventor worked. Because federal funding via the NNI is a … Continue reading this entry

The Latest Commentary on Bayh-Dole - It Works (Generally)

A new report just issued which, in 129 pages, provides the latest analysis and commentary on university patenting and technology transfer under the Bayh-Dole Act.  The report is generally positive about the Bayh-Dole Act, now about 30 years old, and confirms that most do not want to return to the pre-1980 era. The report did not get … Continue reading this entry

Federal Government Clarifies "March-In" Rights Under Bayh-Dole System

In the 09-742 GAO report addressing the government’s right to assert ownership over federal funded inventions, the government produced an important survey on the current understanding among leading federal research agencies about march-in rights under the Bayh-Dole system.  This report has considerable implications for cutting edge nano and clean technologies, which often are based on … Continue reading this entry