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Federal Contracting; Contractor Disclosure to Funding Agencies and Agency March-in Rights

LexBlog IP

In 1980, Congress passed the Bayh-Dole Act, promoting collaboration between the Federal Government and private intellectual capital. The act also establishes the rights for businesses and nonprofits to patent and commercialize inventions developed within the scope of the funding agreement. As defined in 37 CFR 401.14(c)(1),

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Intellectual Property Rights and Federally Funded Research

LexBlog IP

However, if the Contractor fails to report any inventions to the contracting officer within two months of preparing the corresponding patent applications, the Contractor risks losing ownership of those inventions. The inventor of the invention and the corresponding contract number that the agreement was conceived under.

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I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. All of us at the Garrigues IP Blog would like to wish you a very happy new year. What is the right of prior use or “pre-use”?

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“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity, Intellectual Property, & Takings

LexBlog IP

In this case, the Supreme Court of Texas held that a government entity may reproduce, display, and utilize a copyrighted work for its own benefit without paying any compensation to the copyright owner. ” As Thomas Creel points out in Are Patents Property That is Protected By The US Constitution? University Of Houston System, No.

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The US’ Review of March-in Rights, and Some Questions on an Indian Counterpart

SpicyIP

image from here The US’ Review of March-in Rights, and Some Questions on an Indian Counterpart By Jyotpreet Kaur As many readers would know, the US government, especially through its US Trade Representative’s office, had been hounding India for years after a single compulsory licence, subjected to much judicial scrutiny, had been granted.