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PATENTING PUBLIC-FUNDED RESEARCH FOR TECHNOLOGY TRANSFER : A Conceptual-Empirical Synthesis of US Evidence and Lessons for India

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  • Amit Shovon Ray

    (ICRIER)

  • Sabyasachi Saha
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    Abstract

    The question of protecting intellectual property rights by academic inventors was never seriously contemplated until the introduction of the Bayh-Dole Act in 1980 in the US. The Act allowed universities to retain patent rights over inventions arising out of federally-funded research and to license those patents exclusively or nonexclusively at their discretion. This particular legislation was a response to the growing concern over the fact that federally funded inventions in the US were not reaching the market place. In this paper, we present a critical review of the US experience after the Bayh-Dole Act and argue that the evidence is far from being unambiguous. We discuss the debate surrounding the Act the extent to which it was successful in achieving its objectives, the unintended consequences, if any, and more generally, the effectiveness of IPR as a vehicle of technology transfer from universities. We also discuss the limited evidence on Bayh-Dole type legislations introduced in other countries. A new legislation, along the lines of the US Bayh-Dole Act The Protection and Utilisation of Public Funded IP Bill, 2008 is presently before the Indian parliament. The paper presents an Indian perspective against the backdrop of the US experience in an attempt to draw concrete lessons for India.

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    Bibliographic Info

    Paper provided by East Asian Bureau of Economic Research in its series Development Economics Working Papers with number 22918.

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    Date of creation: Jan 2010
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    Handle: RePEc:eab:develo:22918

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    Keywords: Bayh-Dole Act; public-funded research; universities; Patents; India;

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    1. Jeannette Colyvas & Michael Crow & Annetine Gelijns & Roberto Mazzoleni & Richard R. Nelson & Nathan Rosenberg & Bhaven N. Sampat, 2002. "How Do University Inventions Get Into Practice?," Management Science, INFORMS, vol. 48(1), pages 61-72, January.
    2. Coupe, Tom, 2003. " Science Is Golden: Academic R&D and University Patents," The Journal of Technology Transfer, Springer, vol. 28(1), pages 31-46, January.
    3. Emanuele Bacchiocchi & Fabio Montobbio, 2006. "Knowledge diffusion from university and public research. A comparison between US, Japan and Europe using patent citations," KITeS Working Papers 193, KITeS, Centre for Knowledge, Internationalization and Technology Studies, Universita' Bocconi, Milano, Italy, revised Dec 2006.
    4. Jerry G. Thursby & Marie C. Thursby, 2007. "University licensing," Oxford Review of Economic Policy, Oxford University Press, vol. 23(4), pages 620-639, Winter.
    5. Rafferty, Matthew, 2008. "The Bayh-Dole Act and university research and development," Research Policy, Elsevier, vol. 37(1), pages 29-40, February.
    6. Geuna, Aldo & Nesta, Lionel J.J., 2006. "University patenting and its effects on academic research: The emerging European evidence," Research Policy, Elsevier, vol. 35(6), pages 790-807, July.
    7. Ajay Agrawal & Rebecca Henderson, 2002. "Putting Patents in Context: Exploring Knowledge Transfer from MIT," Management Science, INFORMS, vol. 48(1), pages 44-60, January.
    8. Roberto Mazzoleni, 2006. "The Effects of University Patenting and Licensing on Downstream R&D Investment and Social Welfare," The Journal of Technology Transfer, Springer, vol. 31(4), pages 431-441, 07.
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