How is the PTAB Leveraging the 2019 Revised Patent Subject Matter Eligibility Guidance?

As most of patent attorneys are aware, the United States Patent and Trademark Office (“USPTO”) published the 2019 Revised Patent Subject Matter Eligibility Guidance (“Revised Guidance”) on January 7, 2019. This post summarizes some requirements set forth in the Revised Guidance and briefly discusses two cases in which the PTAB reversed the Examiner’s findings of …

PTAB, Webinar

New PTAB Claim Construction Standard Takes Effect Today

Welcome to a new day at PTAB as today (November 13th) the new claim construction standards took effect at the PTAB. As many of you are probably aware, the Patent Office issued final rules last month changing the claim construction standard for interpreting claims before the PTAB from Broadest Reasonable Interpretation to the Phillips standard …

Bayh-Dole, Compliance, Finalized Regulations

NIH Publishes Notice Regarding Bayh-Dole Changes

The National Institutes of Health (NIH) recently published a notice summarizing new policy requirements based on the 2018 changes to Bayh-Dole implementing regulations.  The notice states that, effective October 1, 2018, the NIH implemented the amended final regulations such that the amended regulations apply to all NIH new and continuation awards.  Additionally, the notice summarizes …

Bayh-Dole, Compliance, Webinar

Technology Transfer Tactics features in-depth discussion of chart regarding recent updates to Bayh-Dole regulations

One of the articles in the recent issue of Technology Transfer Tactics provides an in-depth discussion of the checklist associated with my Bayh-Dole webinar earlier this Spring.  The article provides great insight into best practices for surviving the updates to Bayh-Dole.

Bayh-Dole, Compliance

Please Join Me at the AIPLA Annual Meeting for an Exciting Discussion on Bayh-Dole and Related Topics

I am excited to announce that I will be a panelist at the AIPLA Annual Meeting  on the topic of “What Happens When Federal Government Interests Touch Intellectual Property.”  This session will take place on October 25, 2018 from 3:30 PM to 5:30 PM Eastern.  I have included a link to my paper associated with …

Bayh-Dole, Compliance, Finalized Regulations, Webinar

“Bayh-Dole Regulation Updates: What You Need to Know” Webinar Recording Available

The recording of the webinar “Bayh-Dole Regulation Updates: What You Need to Know” is now available using the link below.  Also, please contact me at if you wish to receive a checklist associated with these updated Bayh-Dole regulations.  

Bayh-Dole, RFI

NIST Seeking Input to Increase Return on Investment from Federal Research

The National Institute of Standards and Technology (NIST) has recently announced a new initiative to “improve federal technology transfer.”  In summary, the government is gathering “information about the current state of Federal technology transfer and the public’s ability to engage with Federal laboratories and access federally funded R&D through collaborations, licensing, and other mechanisms.”  In its Request for …

Bayh-Dole, Compliance, Finalized Regulations

New Bayh-Dole Regulations Published – To Take Effect in May

As discussed in my previous post, the final rules revising the Bayh-Dole regulations have been published and are set to take effect on May 14.   Technology transfer professionals will note that the regulations set published in the final rules have been modified with respect to the proposed rulemaking.  In some instances, these changes are …

Bayh-Dole, Compliance

Why is Disclosing Funding Sources So Important? Ownership – or Potential Loss of Ownership

Most technology transfer offices are aware of the requirement under Bayh-Dole to disclose government funding sources.  However, a recent request made by a number of third-party organizations to the Department of Health and Human Services Secretary further illustrates the importance of disclosing these funding sources.  More specifically, the implementing regulations of the Bayh-Dole Act set …