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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)

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.

Suggested Citation

  • Amit Shovon Ray & Sabyasachi Saha, "undated". "Patenting Public-Funded Research for Technology Transfer: A Conceptual-Empirical Synthesis of US Evidence and Lessons for India," Indian Council for Research on International Economic Relations, New Delhi Working Papers 244, Indian Council for Research on International Economic Relations, New Delhi, India.
    • Handle: RePEc:ind:icrier:244
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    References listed on IDEAS

    as
    1. 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.
    2. Amit Shovon Ray, 2008. "Emerging through Technological Capability - An Overview of India’s Technological Trajectory," Development Economics Working Papers 22238, East Asian Bureau of Economic Research.
    3. 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.
    4. 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, July.
    5. 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.
    6. 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.
    7. Rafferty, Matthew, 2008. "The Bayh-Dole Act and university research and development," Research Policy, Elsevier, vol. 37(1), pages 29-40, February.
    8. 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.
    9. David C. Mowery & Bhaven N. Sampat, 2005. "The Bayh-Dole Act of 1980 and University-Industry Technology Transfer: A Model for Other OECD Governments?," Springer Books, in: Albert N. Link & F. M. Scherer (ed.), Essays in Honor of Edwin Mansfield, pages 233-245, Springer.
    10. Jaffe, Adam B, 1989. "Real Effects of Academic Research," American Economic Review, American Economic Association, vol. 79(5), pages 957-970, December.
    11. Amit Shovon Ray, "undated". "Emerging through Technological Capability: An Overview of India's Technological Trajectory," Indian Council for Research on International Economic Relations, New Delhi Working Papers 227, Indian Council for Research on International Economic Relations, New Delhi, India.
    12. 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.
    13. 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 213-222, June.
    14. Santoro, Michael D. & Chakrabarti, Alok K., 2002. "Firm size and technology centrality in industry-university interactions," Research Policy, Elsevier, vol. 31(7), pages 1163-1180, September.
    15. 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.
    16. Wesley M. Cohen & Richard R. Nelson & John P. Walsh, 2003. "Links and Impacts: The Influence of Public Research on Industrial R&D," Chapters, in: Aldo Geuna & Ammon J. Salter & W. Edward Steinmueller (ed.), Science and Innovation, chapter 4, Edward Elgar Publishing.
    17. Richard R. Nelson, 2006. "The Market Economy and the Scientific Commons," Chapters, in: Birgitte Andersen (ed.), Intellectual Property Rights, chapter 1, Edward Elgar Publishing.
    18. Finn Valentin & Rasmus Jensen, 2007. "Effects on academia-industry collaboration of extending university property rights," The Journal of Technology Transfer, Springer, vol. 32(3), pages 251-276, June.
    19. Walsh, John P. & Cohen, Wesley M. & Cho, Charlene, 2007. "Where excludability matters: Material versus intellectual property in academic biomedical research," Research Policy, Elsevier, vol. 36(8), pages 1184-1203, October.
    20. 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.
    21. Jerry G. Thursby & Marie C. Thursby, 2002. "Who Is Selling the Ivory Tower? Sources of Growth in University Licensing," Management Science, INFORMS, vol. 48(1), pages 90-104, January.
    22. Jerry G. Thursby & Marie C. Thursby, 2007. "University licensing," Oxford Review of Economic Policy, Oxford University Press and Oxford Review of Economic Policy Limited, vol. 23(4), pages 620-639, Winter.
    23. 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.
    24. David C. Mowery & Bhaven N. Sampat, 2005. "The Bayh-Dole Act of 1980 and University--Industry Technology Transfer: A Model for Other OECD Governments?," The Journal of Technology Transfer, Springer, vol. 30(2_2), pages 115-127, January.
    25. Ashley J. Stevens, 2004. "The Enactment of Bayh--Dole," The Journal of Technology Transfer, Springer, vol. 29(1), pages 93-99, January.
    26. Nancy T. Gallini, 2002. "The Economics of Patents: Lessons from Recent U.S. Patent Reform," Journal of Economic Perspectives, American Economic Association, vol. 16(2), pages 131-154, Spring.
    27. Ajay Agrawal & Rebecca Henderson, 2002. "Putting Patents in Context: Exploring Knowledge Transfer from MIT," Management Science, INFORMS, vol. 48(1), pages 44-60, January.
    28. 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.
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    1. Sengupta, Abhijit & Ray, Amit S., 2017. "University research and knowledge transfer: A dynamic view of ambidexterity in british universities," Research Policy, Elsevier, vol. 46(5), pages 881-897.

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    More about this item

    Keywords

    Bayh-Dole Act; public-funded research; universities; patents; India;
    All these keywords.

    JEL classification:

    • O31 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Innovation and Invention: Processes and Incentives
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
    • O38 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Government Policy
    • I23 - Health, Education, and Welfare - - Education - - - Higher Education; Research Institutions
    • I28 - Health, Education, and Welfare - - Education - - - Government Policy

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