The Impact of Bayh-Dole Act on Knowledge Transfer in the States and a Study on Applicability in Turkey

Authors: Murat Sengoz, Mustafa Kemal Topcu

Abstract:

This study aims to contribute to efforts of Turkey to increase research and development to overcome mid-income level trap by discussing regulations on patenting and licensing. Knowledge and technology transfer from universities to business world is attached great significance to increase innovation. Through literature survey, it is observed that the States accomplished to boost the economy and increase welfare by the Bayh-Dole Act enacted in 1980. Thus, this good practice is imitated by other nations to make technological developments. The Act allows universities to acquire patent right in research programs funded by government to increase technology transfer from universities whilst motivating real sector to use research pools in the universities. An act similar with Bayh-Dole could be beneficial to Turkey since efforts in Turkey are to promote research, development and innovation. Towards this end, the impact of Bayh-Dole Act on the patent system for universities in the Sates is deliberately examined, applicability in Turkey is discussed. However, it is conceded that success rate of applying Bayh-Dole Act in Turkey would be low once Turkey mainly differs from the States regarding social, economic and cultural traits.

Keywords: Bayh-Dole act, knowledge transfer, license, patent, spin-off.

Digital Object Identifier (DOI): doi.org/10.5281/zenodo.1126469

References:

[1] D. Mowery and A. Ziedonis, “Academic patent quality and quantity before and after Bayh-Dole,” Research Policy, 31, pp. 399-418, 2002.
[2] B.N. Sampat, “Patenting and US academic research in the 20th century: The world before and after Bayh-Dole,” Research Policy, 35, pp. 772-789, 2006.
[3] The Economist, Innovation’s Golden Goose, December 12th, 2002.
[4] Joint Economic Committee US Congress, Entrepreneurial Dynamism and the Success of US High-Tech: Joint Economic Committee Staff Report. Washington, DC.: US Government Printing Office, 1999.
[5] C. Rosell and A. Agrawal, “Have university knowledge flows narrowed? Evidence from patent data,” Research Policy, 38, pp. 1-13, 2009.
[6] R. Henderson, A. B. Jaffe, and M. Trajtenberg, “Universities as a source of commercial technology: a detailed analysis of university patenting, 1965–1988,” Review of Economics and Statistics, pp. 119-127, 1998.
[7] D. C. Mowery, R. R. Nelson, B.N. Sampat, and A.A. Ziedonis, “The growth of patenting and licensing by us universities: An assessment of the effects of the Bayh-Dole Act of 1980,” Research Policy, 30, pp. 99-119, 2001.
[8] S. Loewenberg, “The Bayh–Dole Act: A model for promoting research translation?” Molecular Oncology 3, pp. 91-93, 2009.
[9] Patents and Economic Growth: A Beautiful Experiment, available at http://www.againstmonopoly.org/index.php?perm=805808000000000675, retrieved on April 5, 2016.
[10] Association of University Technology Managers (AUTM), The AUTM Licensing Survey, FY 2001. AUTM, Norwalk, CT, 2002.
[11] D. Trune and L. Goslin, “University technology transfer programs: A profit/loss analysis,” Technological Forecasting and Social Change, 57, pp. 197-204, 1998.
[12] G. Quinn, Intellectual Dishonesty About Bayh-Dole Consequences, May 10, 2013, available at http://www.ipwatchdog.com/2013/05/10/ intellectual-dishonesty-about-bayh-dole-consequences/id=40200/, retrieved on April 5, 2016.
[13] OECD, Turning Science into Business. Patenting and Licensing at Public Research Organizations. Paris: OECD, 2003.
[14] D. C. Mowery, B. N. Sampat, and A. A. Ziedonis, “Changes in university patent quality after the Bayh–Dole act: A re-examination,” International Journal of Industrial Organization, 21, pp. 1371-1390, 2003.
[15] C. F. Pineda, “The impact of stronger intellectual property rights on science and technology in developing countries,” Research Policy, 35, pp. 808-824, 2006.
[16] P. Dasgupta and P. A. David, “Towards a new economics of science,” Research Policy, 23, pp. 487-521. 1994.
[17] M. Rafferty, “The Bayh–Dole Act and university research and development,” Research Policy, 37, 29–40. 2008.
[18] A. Battal, "Academician concept in concordance with patent regulations and worker’s inventions at foundation universities," Bilgi Toplumunda Hukuk, Ünal Tekinalp’e Armağan, C. II, 2003.
[19] T. Saraç, 2004. “Who will get the patent at the inventions made by workerss?” Süleyman Demirel University Journal of Economic and Management Department, Vol. 9, Nu. 2., pp. 257-278, 2004.
[20] S. Uzunallı, “Patent right on inventions of academics at universities”, Journal of Commercial and Intellectual Property Law, Nu.1, pp. 171-184, 2015.
[21] Thomson Reuters WoS-InCites, data gathered and issued by TÜBİTAK.
[22] Turkish Patent Institute, 2015 Activity Report, available at, http://www.tpe.gov.tr/TurkPatentEnstitusu/commonContent/Rapor, retrieved on April 5, 2016.