Posts Tagged: "NIST"

It’s an honor to be sharing a virtual stage today with Senator Bob Dole and with Chris Bayh in celebrating the 40th anniversary of the passage of the Bayh-Dole Act.  I’d like to thank the Bayh-Dole 40 Coalition members for their tireless advocacy as champions for the enduring impacts of this seminal legislation. 40 years ago, Senators Birch Bayh and Bob Dole had a shared vision – that innovations arising from federally funded research could have monumental economic and societal impacts for American citizens.  They led the bipartisan charge in writing the Patent and Trademark Law Amendments Act of 1980, which today is widely known by their names – the Bayh-Dole Act.

On June 23, the Eagle Forum Education & Legal Defense Fund celebrated 40 years of the Bayh-Dole act with a virtual briefing, titled: “The Bayh-Dole Act at 40 Years: How the ‘Most Inspired Piece of Legislation’ of a Half-Century Has Turned American Basic Research Discoveries into Products, Startups and Economic Growth.”  The event was moderated by Jim Edwards, the Eagle Forum Education & Legal Defense Fund Patent Policy Advisor and featured remarks by Courtney Silverthorn, the Acting Director, National Institute of Standards and Technology O?ce of Technology; Joseph Allen, IPWatchdog contributor and the Executive Director of Bayh-Dole 40th Coalition and Former Senate Judiciary Aide to Sen. Birch Bayh; Hans Sauer, the Deputy General Counsel and Vice President for Intellectual Property for the Biotechnology Innovation Organization; Jennifer Gottwald, the Senior Licensing Manager at the Wisconsin Alumni Research Foundation (WARF);  and David Korn, the Vice President of Intellectual Property (IP) and Law for the Pharmaceutical Research and Manufacturers of America (PhRMA).

In withdrawing the 2013 statement, the new 2019 guidance by the DOJ, NIST and the USPTO states the obvious, i.e. that there is no difference in the law between F/RAND assured standard essential patents and all other patents. While some would have perhaps liked to break the unitarity approach of the patent system so as to weaken remedies against the infringement of essential patents, a legal system that would apply a different standard to standard essential patents as opposed to other patents would violate U.S. trade obligations.

On May 12, Frederick Reinhart published an article titled “Knowledge Ecology International Letter Misleads on March-In Rights.” Reinhart is a past president of the Association of University Technology Managers (AUTM), and his views echo those expressed by many in the university technology transfer field, including a frustration that not everyone acknowledges and appreciates the considerable investments and risks undertaken by the for-profit companies that license patents to inventions funded by the federal government. Knowledge Ecology International (KEI) recognizes the importance of the private sector in bringing therapies to the market, even when federal funding of R&D has played a role, and also that robust returns on those investments have a positive impact on innovation.

After months of anticipation, the just released draft paper Return on Investment Initiative to Advance the President’s Management Agenda: Unleashing American Innovation signals that the Administration is serious about addressing a wide range of long neglected issues undermining effective technology commercialization.The paper, generated under the leadership of Commerce Under Secretary Walter Copan, who heads the National Institute of Standards and Technology (NIST), is “a discussion document”  based on feedback from a series of public meetings and written comments for improving the return on investment from $150 B spent annually on government-supported R&D… The suggested action is to “authorize scientists and engineers at Federal Laboratories to engage in entrepreneurial activities that support technology transfer and commercialization.”… The report effectively addresses a wide variety of problems in the system. Many have lingered for decades but the government lacked the leadership and the will to address them. It looks like that may be ending. That’s a good thing for American taxpayers.

It would be a tragic mistake to blame federal tech transfer underperformance on Bayh-Dole. Bayh-Dole needs no amending. Bayh-Dole demonstrates how secure patent rights are the lynchpin to society’s getting the greatest benefit from federal research dollars.

One difficulty holding back the further implementation of hyperloop infrastructure is the fact that the new mode of transportation doesn’t fit neatly into existing regulatory framework. In response to a question from Sen. Thune on that subject, Raycroft noted that hyperloop systems were currently under the jurisdiction of the Federal Railroad Administration (FRA). This is despite the fact that certain aspects of hyperloop technology don’t fit neatly into the FRA’s regulatory framework for railroads, including vehicle bodies which are more similar to commercial aircraft. Raycroft said that engagement between the FRA and other agencies within the Department of Transportation could help speed the regulatory process while ensuring that passenger safety remained a top priority. In response to a later question from Sen. Catherine Cortez Masto (D-NV), Raycroft said that, at the current pace, hyperloop technologies would be ready for widespread passenger use during the mid-2020s.

A joint hearing of the House Subcommittee on Strategic Forces and the House Subcommittee on Space was recently convened to discuss the responsibilities of various U.S. government agencies on space situational awareness (SSA) and space traffic management (STM) efforts. The hearing occurred just days after the administration of President Donald J. Trump issued Space Policy Directive-3 (SPD-3) to set a new national space policy to address issues related to both SSA and STM including tracking the existence of space debris, encourage commercial activities in space and improve the national security of the United States in a world where foreign powers are increasing their presence in space.

The biggest complaint about federal labs is it’s too hard to complete deals. Many federal labs must run pending agreements through byzantine departmental procedures. Companies wonder what’s taking so long and are surprised when negotiated points come back altered… One reason why universities outperform the labs is that many academic licensing officers come from the private sector. They understand the pressures companies are under to complete agreements.

Secretary Ross gave an unequivocal endorsement of Bayh-Dole specifically, and more generally saying laws need to be updated to address business and technology realities of today, and to enable more companies to license federally funded technologies and take advantage of federally funded research in order to launch high-tech start-ups, create jobs, and grow the economy. “Our practices, policies, regulations, and laws all need to be updated to assure that technology transfer commercialization in the large-scale production and manufacture of innovative technologies occurs within the US,” Ross said. “We must address growing trade imbalances by producing in America the innovative products that the rest of the world needs to buy.”