Reconsidering the Bayh-Dole Act and the Current University Invention Ownership Model
The Bayh-Dole Act of 1980 provided U.S. universities with the right to commercialize employees' inventions made while engaged in government-funded research. This paper argues that the current university invention ownership model, in which universities maintain de jure ownership of inventions, is not optimal either in terms of economic efficiency or for advancing the social interest of rapidly commercializing technology and encouraging entrepreneurship. We argue that this model is plagued by ineffective incentives, information asymmetries, and contradictory motivations for the university, the inventors, potential licensees, and university technology licensing offices (TLOs). These structural uncertainties can lead to delays in licensing, misaligned incentives among parties, and obstacles to the flow of scientific information and the materials necessary for scientific progress. The institutional arrangements within which TLOs are embedded have encouraged some of them to become revenue maximizers, rather than facilitators of technology dissemination for the good of the entire society. We suggest two alternative invention commercialization models as superior alternatives. The first alternative is to vest ownership with the inventor, who could choose the commercialization path for the invention. For this privilege the inventor would provide the university an ownership stake in any returns to the invention. The inventor would be free to contract with the university TLO or any other entity that might assist in commercialization. The second alternative is to make all inventions immediately publicly available through a public domain strategy or, through a requirement that all inventions be licensed non-exclusively. Both alternatives would address the current dysfunctional arrangements in university technology commercialization.
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- Rappert, Brian & Webster, Andrew & Charles, David, 1999. "Making sense of diversity and reluctance: academic-industrial relations and intellectual property," Research Policy, Elsevier, vol. 28(8), pages 873-890, November.
- Gustavo Crespi & Aldo Geuna & Lionel Nesta, 2007. "The mobility of university inventors in Europe," The Journal of Technology Transfer, Springer, vol. 32(3), pages 195-215, June.
- Saragossi, Sarina & van Pottelsberghe de la Potterie, Bruno, 2003.
"What Patent Data Reveal about Universities: The Case of Belgium,"
The Journal of Technology Transfer,
Springer, vol. 28(1), pages 47-51, January.
- Bruno Van Pottelsberghe & Sabrina Saragossi, 2003. "What patent data reveals about universities: the case of Belgium," ULB Institutional Repository 2013/6211, ULB -- Universite Libre de Bruxelles.
- Rosenberg, Nathan & Nelson, Richard R., 1994. "American universities and technical advance in industry," Research Policy, Elsevier, vol. 23(3), pages 323-348, May.
- Jerry G. Thursby & Marie C. Thursby, 2003.
"Are Faculty Critical? Their Role in University-Industry Licensing,"
NBER Working Papers
9991, National Bureau of Economic Research, Inc.
- Jerry G. Thursby & Marie C. Thursby, 2004. "Are Faculty Critical? Their Role in University-Industry Licensing," Contemporary Economic Policy, Western Economic Association International, vol. 22(2), pages 162-178, 04.
- Jerry G. Thursby & Marie C. Thursby, 2003. "Are Faculty Critical? Their Role in University-Industry Licensing," Emory Economics 0320, Department of Economics, Emory University (Atlanta).
- Partha, Dasgupta & David, Paul A., 1994. "Toward a new economics of science," Research Policy, Elsevier, vol. 23(5), pages 487-521, September.
- Markman, Gideon D. & Phan, Phillip H. & Balkin, David B. & Gianiodis, Peter T., 2005. "Entrepreneurship and university-based technology transfer," Journal of Business Venturing, Elsevier, vol. 20(2), pages 241-263, March.
- Rafferty, Matthew, 2008. "The Bayh-Dole Act and university research and development," Research Policy, Elsevier, vol. 37(1), pages 29-40, February.
- Simcha Jong, 2006. "How organizational structures in science shape spin-off firms: the biochemistry departments of Berkeley, Stanford, and UCSF and the birth of the biotech industry," Industrial and Corporate Change, Oxford University Press, vol. 15(2), pages 251-283, April.
- Mowery, David C & Sampat, Bhaven N, 2001. "Patenting and Licensing University Inventions: Lessons from the History of the Research Corporation," Industrial and Corporate Change, Oxford University Press, vol. 10(2), pages 317-355, June.
- Owen-Smith, Jason & Powell, Walter W, 2001. "To Patent or Not: Faculty Decisions and Institutional Success at Technology Transfer," The Journal of Technology Transfer, Springer, vol. 26(1-2), pages 99-114, January.
- Colyvas, Jeannette A., 2007. "From divergent meanings to common practices: The early institutionalization of technology transfer in the life sciences at Stanford University," Research Policy, Elsevier, vol. 36(4), pages 456-476, May.
- 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.
- Balconi, Margherita & Breschi, Stefano & Lissoni, Francesco, 2004. "Networks of inventors and the role of academia: an exploration of Italian patent data," Research Policy, Elsevier, vol. 33(1), pages 127-145, January.
- Timothy F. Bresnahan & Manuel Trajtenberg, 1992.
"General Purpose Technologies "Engines of Growth?","
NBER Working Papers
4148, National Bureau of Economic Research, Inc.
- Richard R. Nelson, 2003.
"The Market Economy, and the Scientific Commons,"
LEM Papers Series
2003/24, Laboratory of Economics and Management (LEM), Sant'Anna School of Advanced Studies, Pisa, Italy.
- Macho-Stadler Inés & Pérez-Castrillo David & Veugelers Reinhilde, 2005.
"Licensing of University Inventions: The Role of a Technology Transfer Office,"
201022, Fundacion BBVA / BBVA Foundation.
- Macho-Stadler, Ines & Perez-Castrillo, David & Veugelers, Reinhilde, 2007. "Licensing of university inventions: The role of a technology transfer office," International Journal of Industrial Organization, Elsevier, vol. 25(3), pages 483-510, June.
- Chen, Kun & Kenney, Martin, 2007. "Universities/Research Institutes and Regional Innovation Systems: The Cases of Beijing and Shenzhen," World Development, Elsevier, vol. 35(6), pages 1056-1074, June.
- Richard C. Levin & Alvin K. Klevorick & Richard R. Nelson & Sidney G. Winter, 1987. "Appropriating the Returns from Industrial Research and Development," Brookings Papers on Economic Activity, Economic Studies Program, The Brookings Institution, vol. 18(3), pages 783-832.
- Di Gregorio, Dante & Shane, Scott, 2003. "Why do some universities generate more start-ups than others?," Research Policy, Elsevier, vol. 32(2), pages 209-227, February.
- Hellmann, Thomas, 2007.
"The role of patents for bridging the science to market gap,"
Journal of Economic Behavior & Organization,
Elsevier, vol. 63(4), pages 624-647, August.
- Thomas Hellmann, 2007. "The Role of Patents for Bridging the Science to Market Gap," NBER Chapters, in: Academic Science and Entrepreneurship: Dual Engines of Growth National Bureau of Economic Research, Inc.
- Thomas Hellmann, 2005. "The Role of Patents for Bridging the Science to Market Gap," NBER Working Papers 11460, National Bureau of Economic Research, Inc.
- David Mowery & Arvids Ziedonis, 2007. "Academic patents and materials transfer agreements: substitutes or complements?," The Journal of Technology Transfer, Springer, vol. 32(3), pages 157-172, June.
- Edwin Mansfield, 1986. "Patents and Innovation: An Empirical Study," Management Science, INFORMS, vol. 32(2), pages 173-181, February.
- Jensen, Michael C. & Meckling, William H., 1976. "Theory of the firm: Managerial behavior, agency costs and ownership structure," Journal of Financial Economics, Elsevier, vol. 3(4), pages 305-360, October.
- Andrew J. Nelson, 2005. "Cacophony or harmony? Multivocal logics and technology licensing by the Stanford University Department of Music," Industrial and Corporate Change, Oxford University Press, vol. 14(1), pages 93-118, February.
- Robert Lowe, 2006. "Who Develops a University Invention? The Impact of Tacit Knowledge and Licensing Policies," The Journal of Technology Transfer, Springer, vol. 31(4), pages 415-429, 07.
- Sanjay Jain & Gerard George, 2007. "Technology transfer offices as institutional entrepreneurs: the case of Wisconsin Alumni Research Foundation and human embryonic stem cells," Industrial and Corporate Change, Oxford University Press, vol. 16(4), pages 535-567, August.
- 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.
- Teece, David J., 1993.
"Profiting from technological innovation: Implications for integration, collaboration, licensing and public policy,"
Elsevier, vol. 22(2), pages 112-113, April.
- Teece, David J., 1986. "Profiting from technological innovation: Implications for integration, collaboration, licensing and public policy," Research Policy, Elsevier, vol. 15(6), pages 285-305, December.
- Mansfield, Edwin & Schwartz, Mark & Wagner, Samuel, 1981. "Imitation Costs and Patents: An Empirical Study," Economic Journal, Royal Economic Society, vol. 91(364), pages 907-918, December.
- Jerry G. Thursby & Marie C. Thursby, 2007. "University licensing," Oxford Review of Economic Policy, Oxford University Press, vol. 23(4), pages 620-639, Winter.
- 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.
- Phan, Phillip H. & Siegel, Donald S., 2006. "The Effectiveness of University Technology Transfer," Foundations and Trends(R) in Entrepreneurship, now publishers, vol. 2(2), pages 77-144, November.
- 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.
- 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.
- Wesley M Cohen & Richard R Nelson & John P Walsh, 2003.
"Protecting Their Intellectual Assets: Appropriability Conditions and Why U.S. Manufacturing Firms Patent (Or Not),"
Levine's Working Paper Archive
618897000000000624, David K. Levine.
- Wesley M. Cohen & Richard R. Nelson & John P. Walsh, 2000. "Protecting Their Intellectual Assets: Appropriability Conditions and Why U.S. Manufacturing Firms Patent (or Not)," NBER Working Papers 7552, National Bureau of Economic Research, Inc.
- Lim, Kwanghui, 2004. "The relationship between research and innovation in the semiconductor and pharmaceutical industries (1981-1997)," Research Policy, Elsevier, vol. 33(2), pages 287-321, March.
- Benjamin Coriat & Fabienne Orsi & Olivier Weinstein, 2003. "Does Biotech Reflect a New Science-based Innovation Regime?," Industry and Innovation, Taylor & Francis Journals, vol. 10(3), pages 231-253.
- 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.
- 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.
- Martin Meyer, 2003. "Academic patents as an indicator of useful research? A new approach to measure academic inventiveness," Research Evaluation, Oxford University Press, vol. 12(1), pages 17-27, April.
- Frank T. Rothaermel & Shanti D. Agung & Lin Jiang, 2007. "University entrepreneurship: a taxonomy of the literature," Industrial and Corporate Change, Oxford University Press, vol. 16(4), pages 691-791, August.
- David B. Audretsch & Taylor Aldridge & Alexander Oettl, 2006. "The Knowledge Filter and Economic Growth: The Role of Scientist Entrepreneurship," Papers on Entrepreneurship, Growth and Public Policy 2006-11, Max Planck Institute of Economics, Entrepreneurship, Growth and Public Policy Group.
- Thursby, Jerry & Fuller, Anne W. & Thursby, Marie, 2009.
"US faculty patenting: Inside and outside the university,"
Elsevier, vol. 38(1), pages 14-25, February.
- Jerry Thursby & Anne Fuller & Marie Thursby, 2007. "US Faculty Patenting: Inside and Outside the University," NBER Working Papers 13256, National Bureau of Economic Research, Inc.
- Elizabeth Garnsey & Paul Heffernan, 2005. "High-technology clustering through spin-out and attraction: The Cambridge case," Regional Studies, Taylor & Francis Journals, vol. 39(8), pages 1127-1144.
- Bramwell, Allison & Wolfe, David A., 2008. "Universities and regional economic development: The entrepreneurial University of Waterloo," Research Policy, Elsevier, vol. 37(8), pages 1175-1187, September.
- Owen-Smith, Jason, 2003. "From separate systems to a hybrid order: accumulative advantage across public and private science at Research One universities," Research Policy, Elsevier, vol. 32(6), pages 1081-1104, June.
- Céline Druilhe & Elizabeth Garnsey, 2004. "Do Academic Spin-Outs Differ and Does it Matter?," The Journal of Technology Transfer, Springer, vol. 29(3_4), pages 269-285, 08.
- Gideon D. Markman & Peter T. Gianiodis & Phillip H. Phan & David B. Balkin, 2004. "Entrepreneurship from the Ivory Tower: Do Incentive Systems Matter?," The Journal of Technology Transfer, Springer, vol. 29(3_4), pages 353-364, 08.
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