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Legal History

2012

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Parker Tresemer

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Renewing The Bayh-Dole Act As A Default Rule In The Wake Of Stanford V. Roche, Parker Tresemer Dec 2011

Renewing The Bayh-Dole Act As A Default Rule In The Wake Of Stanford V. Roche, Parker Tresemer

Parker Tresemer

Since its enactment in 1980, the Bayh-Dole Act has incentivized university and private industry investment in new technologies by granting them exclusive patent rights to their inventors’ federally funded technologies. The Supreme Court’s holding in Stanford v. Roche, however, threatens to stall American innovation by undermining the Act’s intended structure for disposition of intellectual property rights. Congress enacted the Bayh-Dole Act to solve a specific problem: stagnating technological innovation in the decades after World War II. Universities and private companies are unwilling to commercialize basic federally funded technologies without exclusive rights to those technologies. The Congressional record surrounding ...


Best Practices For Drafting University Technology Assignment Agreements After Filmtec, Stanford V. Roche, And Patent Reform, Parker Tresemer Dec 2011

Best Practices For Drafting University Technology Assignment Agreements After Filmtec, Stanford V. Roche, And Patent Reform, Parker Tresemer

Parker Tresemer

Since the end of World War II, federally funded universities and private companies have been an integral part of continued American innovation and technological production. However, like most rational economic actors, universities and private companies are only willing to invest in federally funded technologies if they are guaranteed some sort of exclusive return on their investment. By granting federal contractors exclusive patent rights to their employee’s federally funded inventions, the Bayh-Dole Act provided the necessary incentives for private sector investment in federally funded technologies. However, case law subsequent to Bayh-Dole’s enactment has significantly undermined the system of incentives ...