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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

    ()
    (Indian Council for Research on International Economic Rela)

  • Sabyasachi Saha

    ()
    (Indian Council for Research on International Economic Rela)

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    Abstract

    The question of protecting intellectual property rights by academic inventors wasnever seriously contemplated until the introduction of the Bayh-Dole Act in 1980 inthe US. The Act allowed universities to retain patent rights over inventions arising outof federally-funded research and to license those patents exclusively or nonexclusivelyat their discretion. This particular legislation was a response to thegrowing concern over the fact that federally funded inventions in the US were notreaching the market place. In this paper, we present a critical review of the USexperience after the Bayh-Dole Act and argue that the evidence is far from beingunambiguous. We discuss the debate surrounding the Act – the extent to which it wassuccessful in achieving its objectives, the unintended consequences, if any, and moregenerally, the effectiveness of IPR as a vehicle of technology transfer fromuniversities. We also discuss the limited evidence on Bayh-Dole type legislationsintroduced in other countries. A new legislation, along the lines of the US Bayh-DoleAct – The Protection and Utilisation of Public Funded IP Bill, 2008 – is presentlybefore the Indian parliament. The paper presents an Indian perspective against thebackdrop of the US experience in an attempt to draw concrete lessons for India.

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    Bibliographic Info

    Paper provided by Indian Council for Research on International Economic Relations, New Delhi, India in its series Indian Council for Research on International Economic Relations, New Delhi Working Papers with number 244.

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    Length: 56 Pages
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    Handle: RePEc:ind:icrier:244

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

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    1. Rebecca Henderson & Adam B. Jaffe & Manuel Trajtenberg, 1998. "Universities As A Source Of Commercial Technology: A Detailed Analysis Of University Patenting, 1965-1988," The Review of Economics and Statistics, MIT Press, vol. 80(1), pages 119-127, February.
    2. Nelson, Richard R, 2001. " Observations on the Post-Bayh-Dole Rise of Patenting at American Universities," The Journal of Technology Transfer, Springer, vol. 26(1-2), pages 13-19, January.
    3. Jerry G. Thursby & Marie C. Thursby, 2000. "Who is Selling the Ivory Tower? Sources of Growth in University Licensing," NBER Working Papers 7718, National Bureau of Economic Research, Inc.
    4. Marie Thursby & Richard Jensen, 2001. "Proofs and Prototypes for Sale: The Licensing of University Inventions," American Economic Review, American Economic Association, vol. 91(1), pages 240-259, March.
    5. 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.
    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. E. Bacchiocchi & F. Montobbio, 2009. "Knowledge diffusion from university and public research. A comparison between US, Japan and Europe using patent citations," The Journal of Technology Transfer, Springer, vol. 34(2), pages 169-181, April.
    8. Sampat, Bhaven N., 2006. "Patenting and US academic research in the 20th century: The world before and after Bayh-Dole," Research Policy, Elsevier, vol. 35(6), pages 772-789, July.
    9. Collins, Steven & Wakoh, Hikoji, 2000. " Universities and Technology Transfer in Japan: Recent Reforms in Historical Perspective," The Journal of Technology Transfer, Springer, vol. 25(2), pages 213-22, June.
    10. Mowery, David C. & Nelson, Richard R. & Sampat, Bhaven N. & Ziedonis, Arvids A., 2001. "The growth of patenting and licensing by U.S. universities: an assessment of the effects of the Bayh-Dole act of 1980," Research Policy, Elsevier, vol. 30(1), pages 99-119, January.
    11. Balconi, Margherita & Laboranti, Andrea, 2006. "University-industry interactions in applied research: The case of microelectronics," Research Policy, Elsevier, vol. 35(10), pages 1616-1630, December.
    12. Ajay Agrawal & Rebecca Henderson, 2002. "Putting Patents in Context: Exploring Knowledge Transfer from MIT," Management Science, INFORMS, vol. 48(1), pages 44-60, January.
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