Software Patents as a Barrier to Scientific Transparency: An Unexpected Consequence of Bayh-Dole
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1 Software Patents as a Barrier to Scientific Transparency: An Unexpected Consequence of Bayh-Dole Victoria Stodden & Isabel Reich Department of Statistics Columbia University Works in Progress Intellectual Property Seton Hall University School of Law Feb 22, 2013
2 Computation is Becoming Central to Scientific Research 1. enormous, and increasing, amounts of data collection: CMS project at LHC: 300 events per second, 5.2M seconds of runtime per year,.5mb per event = 780TB/yr => several PB when data processed, Sloan Digital Sky Survey: 8th data release (2010), 49.5TB, quantitative revolution in social science due to abundance of social network data (Lazier et al, Science, 2009) Science survey of peer reviewers: 340 researchers regularly work with datasets >100GB; 119 regularly work with datasets >1TB (N=1700, Feb 11, 2011, p. 692) 2. massive simulations of the complete evolution of a physical system, systematically varying parameters, 3. deep intellectual contributions now encoded in software.
3 Software in Scientific Discovery JASA June Computational Articles Code Publicly Available of 20 0% of 35 9% of 32 16% of 29 21% Reproducible Research Movement: Data and code are made conveniently available at the time of publication Conflict between incentives to patent academic code and the scientific method?
4 IOM Evolution of Translational Omics: Lessons Learned and the Path Forward March , IOM releases report, Recommends new standards for omics-based tests, including a fixed version of the software, expressly for verification purposes.
5 IOM Report: Figure S-1 The fully specified computational procedures are locked down in the discovery phase and should remain unchanged in all subsequent development steps. The fully specified computational procedures are locked down in the discovery phase and should remain unchanged in all subsequent development steps.
6 Bayh-Dole Act (1980) Promote the transfer of academic discoveries for commercial development, via licensing of patents (Tech Transfer Offices), Legislators blind to the coming digital revolution, and the impact on software patents and code release for reproducibility. Implications for science as a disruptor of openness norms: delay in revealing code, or closed code, obfuscation of methods submitted for patents (Bilski v Kappos (2011)), alters a scientist s incentives toward commercial ends, instead of the production of science as a public good.
7 Academic Patenting Total Number of Software Patents filed by the top 23 University Patent Filers, Software Patents as a Percent of the Total University Patent Portfolio,
8 Simple Model Yt = βt + Ind.Collabt + Ac.Pub.2to5t + Ac.Pub.1t + t + εt where t = , Yt : number of software patents filed by the 23 universities or colleges indexed by year, Ind.Collabt : the number of patents with an industry researcher as co-author, Ac.Pub.2to5t : counts the number of patents that refer to an academic article within 2 to 5 years of the data of filing, Ac.Pub.1t : whether there was a referenced academic publication within a year of the patent filing date (ie. exempt from being classified as prior art if they are within one year of application date).
9 Model Coefficients for Academic Software Growth Independent Coefficient Standard Error p-value Variable Estimate βt Ind.Collabt Ac.Pub.2to5t Ac.Pub.1t t n=659
10 Dual Licensing Distinguish between industry and academic research applications for licensing, Standard for academic research, in particular results associated with published results, and publicly funded research, Code for academic use simple to download, with associated licensing terms (no interaction with TTO).
11 Other Legal Barriers HIPAA (Health Information Portability and Accountability Act) and privacy regulations, Copyright, Collaboration agreements with industry, Hiring agreements, institutional rules, National security.
12 References RunMyCode.Org: A Novel Dissemination and Collaboration Platform for Executing Published Computational Results, with C. Hurlin and C. Perignon, IEEE escience eson workshop, Sept Reproducible Research, Guest editor for Computing in Science and Engineering, July/August Enabling Reproducible Research: Open Licensing for Scientific Innovation Reproducible Research: Tools and Strategies for Scientific Computing, July 2011 available at
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