The valorization of non-patent intellectual property in academic medical centers
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The valorization of non‑patent intellectual property in academic medical centers Kieren Marr1 · Phillip Phan2 Accepted: 14 September 2020 © Springer Science+Business Media, LLC, part of Springer Nature 2020
Abstract Turning university research output into useful products such as drugs, devices and diagnostics requires skills, knowledge, and resources traditionally attributed to private industry. When it comes to intangibles such as care delivery models, informatics and algorithms, and the software behind smart wearables, the commercialization challenges are even greater. With notable exceptions, Academic Medical Centers have typically not excelled in advancing commercialization of such non-patent intellectual property (IP). We believe that this is in part because the traditional closed form university IP policy, formulated since Bayh–Dole (1980), is ill-suited to non-patent IP. In this paper, we reflect on the evolving challenges that new forms of healthcare-related discoveries, specifically non-patent IP, are placing on the traditional university intellectual property and technology transfer regime, and to offer suggestions on how universities can begin to modernize their IP policies to support the valorization of non-patent IP. Keywords Non-patent intellectual property · University technology transfer policies · Work-for-hire policy · Academic medical centers JEL Classification L26 · M13 · O31 · O32 · O34 · O36
We thank Dr. Mark Anderson and Al Link, and 2 anonymous reviewers, for their feedback on draft versions of this paper. Opinions are solely of the authors and not of Johns Hopkins University or its affiliates. We report no conflicts of interests. * Phillip Phan [email protected] Kieren Marr [email protected] 1
Department of Medicine, Johns Hopkins Medicine, 1800 Orleans St., Baltimore, MD 21287, USA
2
Carey Business School, Johns Hopkins University, 100 International Drive, Baltimore, MD 21202, USA
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K. Marr, P. Phan
1 Introduction University researchers in academic medical centers (AMCs) generate the vast amount of basic knowledge on health and disease processes, forming the national bastion for scientific growth and education. In this process, universities expend a significant amount of federal dollars. In 2018, the National Science Foundation estimated total university spending of $79 billion, with about $42 billion originating from the federal government (NSF 2019). Johns Hopkins University (JHU), including the Applied Physics Laboratory (APL), led total expenditures by a single institution nationally, at approximately $2.6 billion. However, generating knowledge for the sake of promoting scientific advancement does not always translate into the commercialization of these discoveries and the pragmatic improvements they bring. Turning research output into useful products such as drugs, devices and diagnostics requires skills, knowledge, and resources traditionally attributed to private industry. When it comes to intangibles such as care delivery models, informatics and al
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