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Friday, July 08, 2016 5:34:16 PM
Think not?
Again, as discussed yesterday, the cyclohexasilane patent’s “assignee” is the NDSU Research Foundation. This not-for-profit organization is limited because cyclohexasilane was researched and developed using federal funds. Here’s just a taste of Big Bro’s power over the cyclohexasilane patent:
Non-Profits Can Not Assign Their Patents To Others
Finally, if the organization is a nonprofit entity (most universities and post-doc research institutions are non-profit entities), the government can prevent the assignment of the patents, limit the term of any exclusive license and limit the use of royalties obtained from licenses. This means that university and post doc research organizations that are granted patents as a result of federally funded research can only license the patented inventions they can't sell (transfer the title to) the rights to the invention.
Sometimes The Government Retains the Rights To the Invention
The Department of Defense, the Department of Energy and NASA have statutory prohibitions against private business organizations obtaining title to inventions developed with federal funds. This is why you will see patents assigned to the Secretary of the Navy, or the Secretary of the Department of Energy or NASA.
http://www.waybetterpatents.com/government_interest.html
Private business, private business… I like those words. But what a mountain…
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