Bush v Kilgore v the Old Order v Now

Kilgore Position

  • NSF
  • Organize NSF for public good
  • NSF controlled by president
  • Patents would stay with government
  • Fund social sciences
  • Distribute funding geographically

Bush Position

  • Scientists control funds
  • Fund good science
  • No mention of patents
  • No mention of geographic funding
  • Efforts will require help of orgs outside of government which will need incentives
  • Royalty-free license to government for government purposes from research
  • No obligation to file patents
  • Institutions should be able to own inventions to keep other people from patenting them

the IPA program created a federal master contract that individual faculty members had no access to, under which the federal government and university administrators agreed that the administrators could take ownership of any invention made with federal support that they wanted, so long as they then filed a patent application.

Bayh-Dole preserves this arrangement but oddly, and in ways that most university administrators don’t want to know about, does not allow university administrators to take every invention made under federal contract even if they want to file patent applications–instead, Bayh-Dole only applies after university administrators have obtained ownership of a given invention under some other arrangement not having anything to do with federal funding or federal contracting.





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