Patents and Professors

Name: Patents and Professors | The Interdependence between Patent Law, Science, and Research Universities in the United States of America
Brand: Mohr Siebeck
Price: 79.0 EUR
Availability: OnlineOnly

The Interdependence between Patent Law, Science, and Research Universities in the United States of America

Anna Marion Bieri(Autor*in)

Mohr Siebeck (Verlag)

1. Auflage

Erschienen im Juli 2022

XIV, 245 Seiten

E-Book

PDF mit Adobe-DRM

Systemvoraussetzungen

978-3-16-161270-1 (ISBN)

79,00 €inkl. 7% MwSt.

Systemvoraussetzungen

für PDF mit Adobe-DRM

E-Book Einzellizenz

Als Download verfügbar

Beschreibung

Weitere Details

Weitere Ausgaben

Person

Inhalt

Cover
Title
Preface
Table of Contents
Abbreviations
Introduction
A. Research Questions
B. Current State of Research
C. Course of the Inquiry
Part I: University Inventions in History
Chapter 1: The Rise of the Modern Research University
A. The Research University's Continental European Origin
B. A Short History of Higher Education in the US
I. From Colleges to Universities
II. State and Land-grant Universities
III. The Hegemony of the US Research University in the 20th Century
C. US Research Universities in the 21st Century
I. Research Universities' Contemporary Challenges and Issues
II. Research Universities' Regulatory and Financial Framework
1. The Roles of the Federal and State Governments in Higher Education
2. Public Accountability
3. The Uneasy Distinction Between Public and Private Universities
III. Research Universities as Instrument of National Policy
Chapter 2: Patents and Research Universities
A. History of Inventions and Patent Law in the US: An Outline
I. The History of Privileges in Continental Europe and England
II. The History of Patent Law in the US
III. The Theory of Patents and its Economic Underpinnings
B. Patenting of University Research
I. Why Universities Started Patenting: A Brief History before the Bayh-Dole Act
II. Objections to the Commercialisation Argument as a Default Justification for the Use of Patents
1. Public Good Objection
2. The Innovation-is-not-linear Objection
3. The Knowledge Flows Objection
Part II: The Ownership of University Inventions: Legal Parameters
Chapter 3: General Inventorship and Ownership Issues
A. The Inventor, the Owner, and the Applicant
I. The Central Role of the Inventor in US Patent Law
II. The Difficulty of Determining Inventorship
III. Inventorship versus Ownership
IV. Post America Invents Act: Enter the Applicant
B. Inventorship and Ownership Issues in an Academic Research Context
I. Determining Inventorship and Ownership in an Academic Setting
II. The Difference between Authorship and Inventorship
Chapter 4: Legal Conditions of the Ownership of University Inventions
A. The Law on Employee Inventions
B. University Faculty as Employee-Inventors
C. Common Law Rules on Ownership regarding Employee-Inventors
I. Description of the Common Law Doctrine
II. Historical Development of the Common Law Doctrine
III. The Application of the Common Law Doctrine to Faculty
D. Contract Law
I. Pre-Invention Assignment Agreements
II. Requirements to Transfer Title Under Pre-Invention Assignment Agreements
III. Universities' Approach to Pre-Invention Assignments
Chapter 5: The Special Case of Federally Funded University Inventions
A. Federal Statutes and Regulations on Ownership Issues
B. The History of the Bayh-Dole Act
I. The History of Federal Patent Policy and the Public Interest
II. University Research as a Topic of Interest
III. The Bayh-Dole Bill
C. Key Provisions of the Bayh-Dole Act
I. Objective and Operation of the Bayh-Dole Act
II. Disposition of Rights
III. Government Rights
1. Non-exclusive License
2. March-In
3. Receiving Title
4. Enforcing the Bayh-Dole Act
D. Stanford v. Roche: Back to Square One?
I. Background and Legal Issue
II. The Facts
III. The Rulings by the Courts
E. In Search of the Bayh-Dole Act's Intent
Part III: Towards a New University Research Transfer Model
Chapter 6: Public Policy and Law
A. Universities as Instrument of Public Policy: From Splendid Isolation to Academic Capitalism
I. The Bayh-Dole Act's Policy Assumptions
II. The Bayh-Dole Act's Contribution to Commercialisation and the Economy
III. The Impact of the Bayh-Dole Act on the Academic Research Mission
1. The Threat to the Scientific Commons: The Emptying of the Research Pipeline
2. Patents and Publications
3. Blocking Patents and Experimental Use Exemption
4. Tragedy of the Anti-commons
B. The Missing Piece: The Protection of the Public Interest
Chapter 7: Managing University Research in the Public Interest: Results and Perspectives
A. Universities' Patent Policies and Technology Transfer Practices
I. Universities' Patent Policies
1. A Brief History of Universities' Patent Policies
2. Universities' Patent Policies since the Bayh-Dole Act
3. The Treatment of Student Inventions
II. Universities' Lack of Strategic Commitment to the Protection of the Public Interest
1. Picking Favourites: Universities' Implementation of the BDA
2. The Institutional Imperative of Patenting
3. Maximising Licensing Revenue Instead of the Public Benefit
4. Marginalising University Professors and Researchers
B. Who Should Own University Inventions?
I. Comparing Government, Inventor, and University Ownership
1. Government Ownership
2. Inventor Ownership
3. University Ownership
II. The Influential Concept of University Ownership
1. Germany
2. Switzerland
III. Reframing the Question of Ownership of University Inventions
C. The Need for a Multi-tiered Approach to the Management of University Research
I. Restoring the Balance: Committing to the Protection of the Public Interest
II. Amending the Bayh-Dole Act
III. The Need for Universities to Become Strategic
1. The Formulation of an Intellectual Property Strategy
2. To Share or Not to Share
3. Implementing the Strategy: One Size Does not Fit All
IV. Last but not Least: Regulatory Oversight
Conclusion
Bibliography
Cases
Index

Systemvoraussetzungen

Als PDF speichern Als Link merken