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The Unintended Consequences Of Stanford V. Roche, Ted Hagelin
The Unintended Consequences Of Stanford V. Roche, Ted Hagelin
College of Law - Faculty Scholarship
This article analyzes the recent Supreme Court decision in Stanford v. Roche and concludes that the Court was correct in holding that the Bayh-Dole Act did not change the basic patent law norm that inventors hold initial title to their inventions; but, and more importantly, that the Court was wrong in finding for Roche because there cannot be an assignment of legal title to an invention until the invention is made, a patent application is filed or a patent is issued, and the inventor executes a written patent assignment that identifies the patent application number or patent number associated with …