This March 14, 2012 opinion by the United States Court of Appeals for the Federal Circuit provides a discussion of some elements of the history of 28 USC 1498, beginning in 1894, through changes in the law in 1910, 1918, 1942, 1949, and 1960.
United States Court of Appeals for the Federal Circuit
ZOLTEK CORPORATION, Plaintiff-Appellee, v. UNITED STATES, Defendant, v. LOCKHEED MARTIN CORPORATION Defendant-Appellant.
Appeal from the United States Court of Federal Claims in case no. 96-CV-166, Judge Edward J. Damich.
Decided: March 14, 2012
Pages on the 2012-2013 NIH Request
See also: http://keionline.org/2012ritonavir
15 frequently asked questions about the 2012 ritonavir March-In petition
Q1. What is the Bayh-Dole Act?
The Bayh-Dole Act (or University and Small Business Patent Procedures Act) was originally enacted in 1980 as Public Law 96-517, and was amended in 1984 by Public Law 98-620. Among other things, the Bayh-Dole Act was designed to facilitate the patenting of U.S. government funded inventions by universities, other non-profit entities and businesses, and also:
Using the USPTO web page for searching the full text of patents, queries were run to find out how many patents have US government rights, or are owned by the United States of America. The searches reported here are limited to patents that have a U.S. inventor, and except for the first one, are limited to patents with the Specification field including the list of a life threatening medical disease or condition. The following is an example set of queries:
DHHS Secretary Donna Shalala to Rep Jan Schakowsky in 2000, on WHO access to fed funded patent rightsSubmitted by James Love on 19. September 2011 - 17:24
In 2000, President Clinton asked Donna Shalala, then the Secretary of the Department of Health and Human Services (DHHS), to write to Representative Jan Schakowsky. Schakowky had asked President Clinton to provide the World Health Organization with royalty free rights to health care products, for which the United States holds rights.
Schakowsky was pressing President Clinton to share its rights, under 35 USC 202(c)(4) -- a federal statute that reserves certain rights in patents where the federal government provided funding for the invention.
During today's discussion at the WIPO Standing Committee on the Law of Patents (SCP) on patent quality KEI make four points in its intervention.
1. WIPO should consider gathering information on the costs of litigation to challenge the validity of patents.
2. WIPO should consider creating a database to share information on the cases where litigation has resulted findings that patent claims as invalid.
Global Fund calls upon drug companies to "share without delay" AIDS drug patents with the Medicines Patent PoolSubmitted by Judit Rius on 5. November 2010 - 9:44
In a October 7, 2010 letter, Professor Michel Kazatchkine, the Executive Director of the Global Fund to fight AIDS, Tuberculosis and Malaria, has written to Dr. Jorge Bermudez, the UNITAID Executive Director, to discuss the Medicines Patent Pool.
Kazatchkine congratulates UNITAID for the announcement that an agreement had been reached between U.S. National Institute for Health and the Medicines Patent Pool for the voluntary license of the NIH patents rights on an HIV-AID drug, Darunavir.
The following are excerpts from 42 USC 17231, enacted as part of the United States Energy Storage Competitiveness Act of 2007 (Pub. L. 110–140, DEC. 19, 2007) as part of a larger program of federal subsidies in the field of energy, the Congress has created a system of compulsory licenses of patents, designed specifically to:
Marcy Kaptur's bill to create a compulsory license for patented seeds: the Seed Availability and Competition Act of 2009Submitted by James Love on 30. September 2010 - 14:42
Marcy Kaptur is a Democratic member of Congress from Ohio. In 2009 she introduced HR 3299, the Seed Availability and Competition Act of 2009.
USPTO to offer new incentives to license patents for humanitarian uses, based upon FDA priority review voucherSubmitted by James Love on 23. September 2010 - 4:52
The USPTO has a federal register notice out asking for public comment on a welcome new initiative, modeled after the FDA priority review voucher, to create incentives to license patents for humanitarian uses. The initiative is set out here: http://edocket.access.gpo.gov/2010/pdf/2010-23395.pdf.