Innovation, Inequality, and the Commercialization of Academic Research
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1 Lectures/Events (BMW) Brookings Mountain West Innovation, Inequality, and the Commercialization of Academic Research Walter Valdivia Center for Technology Innovation Follow this and additional works at: Part of the Education Commons, Intellectual Property Law Commons, Public Policy Commons, and the Science and Technology Policy Commons Repository Citation Valdivia, W. (2013). Innovation, Inequality, and the Commercialization of Academic Research. Available at: This Article is brought to you for free and open access by the Brookings Mountain West at Digital It has been accepted for inclusion in Lectures/Events (BMW) by an authorized administrator of Digital For more information, please contact
2 Innovation, Inequality, and the Commercialization of Research Walter D. Valdivia Center for Technology Innovation The Brookings Institution University of Nevada, Las Vegas September 25, 2013
3 Outline 1. Innovation and inequality 2. BDR Effects 3. Self-replicating asymmetries 4. Implications
4 Innovation and jobs QuickTime and a decompressor are needed to see this picture. Source: David Rotman (June 12, 2013), How technology is destroying jobs. MIT Technology Review.
5 Innovation and inequality QuickTime and a decompressor are needed to see this picture. QuickTime and a decompressor are needed to see this picture. Source: David Rotman (June 12, 2013), How technology is destroying jobs. MIT Technology Review.
6 Innovation-driven change Long-term productivity gains During the transition? Distribution? Skill-biased technical change CTIs only? Modes of innovation Forms economic integration Creative Destruction Political and Economic
7 Outline 1. Innovation and inequality 2. BDR Effects 3. Inequalities 4. Implications
8 What is Bayh-Dole? Who owns patents from federally funded research? Before: discretion of agency After: research contractors Universities
9 Patenting in the U.S US (domestic only)ñleft axis UniversityÑright axis
10 Patenting: Forecast (with data) Actual Forecast '80 (OLS) Upper bound Lower bound
11 Bayh-Dole Regime (BDR) Stevenson-Wydler 1980 (PL ) FTTA 1986 (PL ) CAFC 1982 (PL ) NCRA 1984 (PL ) Hatch-Waxman 1984 (PL ) Diamond v. Chakrabarty 1980 (447 U.S. 303) Diamond v. Diehr 1981 (450 U.S. 175) Reforms in Financial Sector (ERISA, 74) Reforms in International Commerce (Special 301, 1994)
12 BDR Effects: Efficiency Quality of patents Crowding-out basic research Republic of science Tragedy of anti-commons Research tools Perverse incentives Cultural change?
13 BDR Effects: Tradition Ideal type science: Mertonian norms. Ideal type university = traditional type Public disclosure of research Faculty defined research agenda Impartiality of research (peer review) New values Secrecy Donor defined agenda Conflicts of interest
14 The role of the university Richard Levin (American Council of Education March 6, 2011) Congress did not intend to give us the right to maximize profits it gave us private-property rights for a public purpose: to ensure that the benefits of research are widely shared.
15 BDR Effects: What is missing? How are the benefits of innovation distributed? Are there distributional outcomes in T2?
16 Outline 1. Innovation and inequality 2. BDR Effects 3. Self-replicating asymmetries 4. Implications
17 Nexus: innovation-distribution Asymmetries of inputs tend to reproduce in outputs. Entrepreneurship Creative destruction. Small businesses Industrial Organization of high-tech sectors.
18 Modes of innovation Are there asymmetries in university tech transfer? Is tech transfer a catalyst of entrepreneurship? inadvertently strengthening incumbents market power? Are high-tech industries concentrated or competitive?
19 OTTs: Org-isomorphism
20 Distribution of Licensing Income
21
22 Research Funds & Licensing Income
23 Research Funds & Licensing Income
24 Asymmetries Distribution of licensing income Of 218 OTTs, 132 at a loss Stable top 40 earners Input-output asymmetries
25 Why stay in T2 business? Not current but expected revenues Internal: Manage existing IP portfolio. Train faculty. External: Partner in economic development Public mission: profit motive in check with other values
26
27 Research is not a lottery Re-balance research portfolio Cultivate entrepreneurial spirit in campus Organizational incentives Also New T2 business model
28 New T2 models Socially responsible licensing Nurturing start-ups Legal: IP portfolio Incubator services Experience in negotiation Networking (investors, suppliers)
29 A new OTT model Pros Easier than selling licenses Higher deferred income Prestige: fostering entrepreneurship Cons Hard to sell lackluster start-ups Early large negative cash-flow Univ. going out of traditional roles
30 Lessons from history Venture Capital: evidence from survey data (Gans, Hsu, Stern, 2000) Biotechnology Creative destruction Baumol: Why Computers Get Cheaper and Health Care Doesn't
31 Outline 1. Innovation and inequality 2. BDR Effects 3. Self-replicating asymmetries 4. Implications
32 Three levels University Federal Agency Congress: changes to the statute
33 Universities Explain role of university beyond economic rationalization Education: Labor force but also consumers. Civic education. Public mission not-for-profit character Equal opportunity (social mobility)
34 Universities Emphasis on best practices (9 points) Socially responsible licensing programs Preference for non-exclusive licenses Research tools, humanitarian, environmental. Multi-site research and commercialization Patent Pools Nurturing start-ups: Longer horizon for investments
35 Policy: Federal Agencies Declare preference for non-exclusive licenses from their research grants Invite grantees to voluntarily opt-out from aggressive licensing practices E.g. Reach-through fees More multi-site research grants Sponsor patent-pools
36 Policy: Congress Reaffirm the role of the university as brokeragent Create incentives for university cooperation Relax exceptional circumstances (35 U.S.C. 202-a-ii) For agencies to limit or cancel rights to inventions Expand powers for marching-rights (35 U.S.C. 203) To control of monopolistic prices
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