Patenting Public-Funded Research for Technology Transfer: A Conceptual-Empirical Synthesis of US Evidence and Lessons for India
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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- Henderson, R. & Jaffe, A.B.: Tratenberg, M., 1995.
"Universities as a Source of Commercial Technology: A Detailed Analysis of University Patenting 1965-1988,"
09-95, Tel Aviv.
- 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.
- Rebecca Henderson & Adam Jaffe & Manuel Trajtenberg, 1995. "Universities as a Source of Commercial Technology: A Detailed Analysis of University Patenting 1965-1988," NBER Working Papers 5068, National Bureau of Economic Research, Inc.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Jerry G. Thursby & Marie C. Thursby, 2002.
"Who Is Selling the Ivory Tower? Sources of Growth in University Licensing,"
INFORMS, vol. 48(1), pages 90-104, January.
- 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.
- Ajay Agrawal & Rebecca Henderson, 2002. "Putting Patents in Context: Exploring Knowledge Transfer from MIT," Management Science, INFORMS, vol. 48(1), pages 44-60, January.
- 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.
- 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.
- 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.
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