University Inventions Reconsidered- Debunking the Myth of Univers
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University Inventions Reconsidered- Debunking the Myth of Univers
William & Mary Business Law ReviewVolume 11 (2019-2020)Issue 143770University Inventions Reconsidered: Debunking the Myth ofUniversity OwnershipPatric University Inventions Reconsidered- Debunking the Myth of Universcia E. CampbellFollow this and additional works at: https //scholarship.law wm.edu/wmblrÒ* Part of the Education Law Commons, Intellectual Property Law Commons, and the Labor and Employment Lav/ CommonsRepository CitationPatricia E. Campbell. University Inventions Reconsidered: Debunking the Myth of University Inventions Reconsidered- Debunking the Myth of Univers University Ownership. 11 Wm. & Mary Bus. L. Rev. 77 (2019), https://scholarship.law.wm.edu/wmblr/ VOI11/ÍSS1/3Copyright c 2020 by the authors. This aUniversity Inventions Reconsidered- Debunking the Myth of Univers
rticle is brought to you by the William 8. Mary Lav/ School Scholarship Repository.https://scholarship.law.wm edu/wmblrUNIVERSITY INVENTIONS RECONSIDEWilliam & Mary Business Law ReviewVolume 11 (2019-2020)Issue 143770University Inventions Reconsidered: Debunking the Myth ofUniversity OwnershipPatric University Inventions Reconsidered- Debunking the Myth of Universions (and many other types of intellectual property) created by members of the university community, including faculty, staff, students, visitors, and others. Universities then attempt to license that intellectual property (IP) to third parties, in order to generate revenue for the university and to University Inventions Reconsidered- Debunking the Myth of Univers give the public the benefit of innovations developed by the institution, often with the use of federal funds. This Article provides an evaluation ofUniversity Inventions Reconsidered- Debunking the Myth of Univers
the technology transfer policies and practices of U.S. universities. Part I surveys the IP policies of a represen tative group of universities, showinWilliam & Mary Business Law ReviewVolume 11 (2019-2020)Issue 143770University Inventions Reconsidered: Debunking the Myth ofUniversity OwnershipPatric University Inventions Reconsidered- Debunking the Myth of Universfuture assignment of such rights to the university. Part II reviews the history of IP ownership and demonstrates that claims to ownership of university inventions evolved slowly over the course of the last 100 years, beginning with inventor ownership as the accepted model and culminating in the pass University Inventions Reconsidered- Debunking the Myth of Universage of the Bayh-Dole Act in 1980 and subsequent case law. Parts III and IV provide two proposals for addressing problems in the current ownership andUniversity Inventions Reconsidered- Debunking the Myth of Univers
technology transfer model. One is a more “modest” proposal that could be implemented immediately by universities to bring their IP policies and agreemWilliam & Mary Business Law ReviewVolume 11 (2019-2020)Issue 143770University Inventions Reconsidered: Debunking the Myth ofUniversity OwnershipPatric University Inventions Reconsidered- Debunking the Myth of Univers option to retain ownership of their inventions, and universities could assume more natural and supportive roles as educators and facilitators.’ Patricia Campbell is a Law School Professor at the University of Maryland Francis King Carey School of Law. where she selves as director of the Intellectua University Inventions Reconsidered- Debunking the Myth of Universl Property Law Program. She also dữects the Maryland Intellectual Property Legal Resource Center and its Intellectual Property and Entrepreneurship ClUniversity Inventions Reconsidered- Debunking the Myth of Univers
inic.7778 WILLIAM & MARY BUSINESS LAW REVIEW [Vol. 11:077Table of ContentsIntroduction..........................................79I.University IntelleWilliam & Mary Business Law ReviewVolume 11 (2019-2020)Issue 143770University Inventions Reconsidered: Debunking the Myth ofUniversity OwnershipPatric University Inventions Reconsidered- Debunking the Myth of Universtory of University Invention Ownership andTransfer..........................................91/Ỉ. Judicial Treatment of IP Policies After theBayh-Dole Act....................................102c. Stanford V. Roche A Milestone in Treatment ofUniversity Inventions?...........................107III.A M University Inventions Reconsidered- Debunking the Myth of Universodest Proposal for Short-Term Change.........110IV.A Long-Term Proposal for Institutional Change......113A.Is There a Better Mode! that Could Be ImpleUniversity Inventions Reconsidered- Debunking the Myth of Univers
mented?.119B.An Alternative Proposal............................121Conclusion..............................................125William & Mary Business Law ReviewVolume 11 (2019-2020)Issue 143770University Inventions Reconsidered: Debunking the Myth ofUniversity OwnershipPatricWilliam & Mary Business Law ReviewVolume 11 (2019-2020)Issue 143770University Inventions Reconsidered: Debunking the Myth ofUniversity OwnershipPatricGọi ngay
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