3 ms·

It should be noted that gov't funded research at universities doesn't necessarily go into the public domain and can still be patented: https://en.wikipedia.org

It should be noted that gov't funded research at universities doesn't necessarily go into the public domain and can still be patented: https://en.wikipedia.org/wiki/Bayh–Dole_Act https://en.wikipedia.org/wiki/Bayh–Dole_Act

astazangasta 11y ago
But we'd make this a condition of the prize, that the drug would go into the public domain upon victory, exactly to avoid the disgusting patent.
- thedufer 11y ago
  Why would anyone apply for the prize in that case? The IP rights on anything reasonably successful will be worth way more than the prize money.
  - astazangasta 11y ago
    Me and my six scientist friends don't give a shit about the IP rights. We're not going to see those billions anyway, the owners of Roche are. I'd much rather take the same payout from the US government. Plus, after a decade of this shit, without their monopoly rents there won't be any drug companies to buy the IP from you anyway.
    - thedufer 11y ago
      So what you're saying is that, if those IP rights are worth billions of dollars, the company that stands to make that won't outbid an $80M prize? I'm a little skeptical. That would be a bizarre decision for a for-profit company to make.
- mlinksva 11y ago
  This would be good, but the proposal seems ambiguous at best: > NO AWARDS TO COMPETITORS LIKELY TO REAP FINANCIAL BENEFIT FROM INNOVATION.—The Director of NIH may not, with respect to an innovation, award a prize under this section to any individual or entity that has a vested financial interest in any product or procedure that is likely to be developed or marketed because of such innovation. One way to ensure that would be to require that any winning or better submitted innovations come with a royalty-free patent license. But > (i) Intellectual Property.— “(1) PROHIBITION ON THE GOVERNMENT ACQUIRING INTELLECTUAL PROPERTY RIGHTS.—The Federal Government may not gain an interest in intellectual property developed by a participant in a prize competition under this section without the written consent of the participant. “(2) LICENSES.—The Federal Government may negotiate a license for the use of intellectual property developed by a participant in a prize competition under this section.”. Clearly no such thing is mandated.
- cafebeen 11y ago
  Seems like that would require overturning the act?

astazangasta 11y ago

But we'd make this a condition of the prize, that the drug would go into the public domain upon victory, exactly to avoid the disgusting patent.

thedufer 11y ago
Why would anyone apply for the prize in that case? The IP rights on anything reasonably successful will be worth way more than the prize money.
- astazangasta 11y ago
  Me and my six scientist friends don't give a shit about the IP rights. We're not going to see those billions anyway, the owners of Roche are. I'd much rather take the same payout from the US government. Plus, after a decade of this shit, without their monopoly rents there won't be any drug companies to buy the IP from you anyway.
  - thedufer 11y ago
    So what you're saying is that, if those IP rights are worth billions of dollars, the company that stands to make that won't outbid an $80M prize? I'm a little skeptical. That would be a bizarre decision for a for-profit company to make.
mlinksva 11y ago
This would be good, but the proposal seems ambiguous at best: > NO AWARDS TO COMPETITORS LIKELY TO REAP FINANCIAL BENEFIT FROM INNOVATION.—The Director of NIH may not, with respect to an innovation, award a prize under this section to any individual or entity that has a vested financial interest in any product or procedure that is likely to be developed or marketed because of such innovation. One way to ensure that would be to require that any winning or better submitted innovations come with a royalty-free patent license. But > (i) Intellectual Property.— “(1) PROHIBITION ON THE GOVERNMENT ACQUIRING INTELLECTUAL PROPERTY RIGHTS.—The Federal Government may not gain an interest in intellectual property developed by a participant in a prize competition under this section without the written consent of the participant. “(2) LICENSES.—The Federal Government may negotiate a license for the use of intellectual property developed by a participant in a prize competition under this section.”. Clearly no such thing is mandated.
cafebeen 11y ago
Seems like that would require overturning the act?