Access to Patented Technologies: Results of a Survey of the AAAS Scientific Community. Jana Asher Senior Program Associate

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1 Access to Patented Technologies: Results of a Survey of the AAAS Scientific Community Jana Asher Senior Program Associate 1

2 Background Bayh-Dole Act (1980) Patenting of biological components and organisms Concerns Anti-commons effect? Patent thickets? 2

3 Survey Sample Pilot and US-based Survey: American Association for the Advancement of Science (AAAS) Membership 120,000 members in various scientific disciplines Pilot Sample size = 4,000; 843 relevant * respondents US Survey Sample size = 8,000; 2,157 respondents * During the pilot phase of the survey, respondents were asked if their work involved research or intellectual property management. If it did not, their answers were not included in the analysis presented here. Of the 1,111 respondents to the survey, 268 were excluded for that reason, leaving 843 relevant respondents. During the US phase of the survey, 3 no such question was asked, and all responses were included in the analysis presented here.

4 Survey Instrument Pilot: Survey: 37 questions about experiences since 2001 relating to: acquisition of patented and otherwise protected technologies development of intellectual property and methods of legal protection (focusing on patents) 57 questions about experiences since 2002 relating to above plus: publications and access to scientific literature * publicly-funded data * 4 * Only the topics studied via the pilot survey will be presented here; a full analysis of the US survey data will be published by SIPPI at a later date.

5 5 Web-based survey form

6 6 Count of Respondents by Field Pilot US Number of Respondents Not Given Non-scientific Field Chemistry Social/Behavioral Sciences Math/Computer Sciences Engineering Earth Science Chemistry Physics/Astronomy Life Sciences Medical/Health Sciences Biological Sciences Not Given Non-scientific Field Social/Behavioral Sciences Math/Computer Sciences Engineering Earth Science Number of Respondents Physics/Astronomy Life Sciences Medical/Health Sciences Biological Sciences

7 Count of Respondents by Sector GNHC stands for Government, Nonprofit Organization, Healthcare Organization, or Self- Employed/Consulting Firm. Number of Respondents Number of Respondents GNHC stands for Government, Nonprofit Organization, Healthcare Organization, or Self- Employed/Consulting Firm Not Given Industry/Business GNHC University/College Not Given Industry/Business GNHC University/College 7 Pilot US

8 Acquisition of Protected Technology Non-scientific Field Non-scientific Field Social/behavioral sciences Social/behavioral sciences Math/computer sciences Math/computer sciences Engineering Engineering Earth sciences Earth sciences Chemistry Chemistry Physical sciences Physical sciences Life sciences Life sciences Medical/health sciences Medical/health sciences Biological sciences Biological sciences Percent of respondents w ithin scientific field that acquired IP Pilot Percent of respondents w ithin scientific field that acquired IP US

9 Method of Acquisition MTA License: Non-exclusive License: Exclusive License: Non-exclusive MTA License: Exclusive Purchase Confidentiality Agreement Not sure/don't know Informal Informal SRA Confidentiality Agreement Not sure/don't know SRA GPL, Open Source MOU Number of Technologies (One per Respondent) Pilot Number of Technologies (One per Respondent) US

10 Time until acquisition <1 m 1-2 months 2-6 months >6 months <1 m 1-2 months 2-6 months >6 months Sponsored Research Agreement Sponsored Research Agreement Material Transfer Agreement Confidentiality Agreement Confidentiality Agreement Exclusive License Exclusive License Material Transfer Agreement Nonexclusive License Inf ormal Informal Nonexclusive License Purchase Percent Respondents Pilot Percent Respondents US

11 60 Effects of Difficulties Obtaining Protected Technology Delayed Changed Abandoned 50 Delayed Changed Abandoned Percent Respondents 30 Percent Respondents Researchers who reported difficulty obtaining patented technology affected their research Pilot (40% of respondents who obtained IP encountered difficulty) Researchers who reported difficulty obtaining patented technology affected their research US (32% of respondents who obtained IP encountered difficulty)

12 Creating Intellectual Property Pilot: 46% of relevant respondents had created IP since 2001 (n=372) Within every scientific field, industry reported creating the more IP than academia Survey: 52% of respondents reported having created IP since 2002 (n=1,027) 12

13 Methods of Protecting Innovations Patent Patent Copyright Copyright Did not publish Trade secret Delayed publication Delayed publication Trade secret Did not publish None Trademark Withheld data or information Withheld data or information Embodied in product None Trademark Embodied in product Complex product design Complex product design Number of Technologies (One per Respondent) Pilot Number of Technologies (One per Respondent) US

14 14 Method of Dissemination of Patented Technology Sold the technology Pilot US Patent pool or consortia Donated Cross licensing Shared informally Percent of Distributed IP Licensed nonexclusively Licensed exclusively Published Percent of Distributed IP Cross licensing Patent pool or consortia Donated Sold the technology Licensed nonexclusively Licensed exclusively Shared informally Published

15 Final Comments Patenting as the preferred method of protection Patenting of Academic IP Patenting of Industry IP 15

16 Contact Information for SIPPI Presenter: Jana Asher Director: Stephen Hansen Website: 16

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