Kathryn Ardizzone, KEI Comment to NIST Regarding Proposal to Deny Members of the Public Standing to Appeal Government Licenses

PDF version here: KA-KEI-NIST-Standing-26March2021 More on the NIST proposed changes to the Bayh-Dole Regulations: https://www.keionline.org/35432 Kathryn Ardizzone Counsel, Knowledge Ecology International National Institute of Standards and Technologies Rights to Federally Funded Inventions and Licensing of Government Owned Inventions Docket No.:… Continue Reading

Luis Gil Abinader NIST comments on the definition of Subject Invention, 26 March 2021

PDF version here:LGA-NIST-Subject-Invention-definition-26March2021 More on the NIST proposed changes to the Bayh-Dole Regulations. https://www.keionline.org/35432 Comments of Luis Gil Abinader of Knowledge Ecology International on the redefinition of “Subject Invention” to Narrow the Inventions to Which Government Rights Attach (Modify 37… Continue Reading

NIST Proposed Revisions to Bayh-Dole Act Regulations

New: Biden White House Executive Order opposes change in Bayh-Dole March-In regulations. (KEI has an email list to discuss this issue here: http://lists.keionline.org/mailman/listinfo/bayh-dole-regulations_lists.keionline.org) The Department of Commerce’s National Institute of Standards and Technology (NIST) published on January 4, 2021, a… Continue Reading

DARPA letter to KEI confirming investigation of Moderna for failure to report government funding in patent applications

On Friday, September 18, 2020, KEI received a letter from the Defense Advanced Research Projects Agency (DARPA) confirming that the agency was investigating Moderna for failure to report government funding in patent applications. The Financial Times and other outlets had… Continue Reading

KEI asks DOD to investigate failure to disclose DARPA funding in Moderna patents

(More on Moderna here: https://www.keionline.org/moderna) Luis Gil Abinader has taken a deep dive into Moderna’s surprising practice of never declaring government funding in its 126 patents and 154 patent applications, despite having had funding from multiple federal agencies. One outcome… Continue Reading

KEI receives seven new contracts for COVID 19 research from BARDA and DOD, including five using “Other Transactions Authority” that weaken or eliminate Bayh-Dole and FAR Safeguards

KEI has a number of outstanding requests under the United States Freedom of Information Act (FOIA) for contracts related to biomedical innovations to control or treat the COVID-19 pandemic. On Thursday, June 25, and Friday, June 26, we received a… Continue Reading

Canadian Policy option that can permit the government to exercise rights in patents arising under procurement contracts in Canada, if “prior obligations” exist, and how that relates to WHO COVID-19 pooling proposal

In Canada, the foreground intellectual property arising under procurement contracts by default belongs to the contractor. However, there are several exceptions to this rule. One key policy provision allows the government to claim title of the foreground intellectual property “where…… Continue Reading