The valorization of non-patent intellectual property in academic medical centers

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.

Fostering innovation at Academic Medical Centers: The Case of University of Colorado Anschutz Medical Campus

“…6 The University and Small Business Patent Procedures Act of 1980, or what is commonly known as the Bayh-Dole Act, "designed to accelerate the commercialization of technologies, gave universities the right to claim ownership to inventions within their institutions that were https://doi.org/10.1017/cts.2021.792 supported by federal funds." 1 It led to the formation and proliferation of technology transfer offices at AMCs across the U.S. During the last four decades the scope of work of technology transfer offices has evolved. Although initially focused on capturing intellectual property (IP), it soon became evident that IP is only a portion of this arduous process.…”

“…The CCTSI has been a major partner of CU Innovations as it is designed to improve and streamline the translational research process and to catalyze innovation in the training of translational scientists and the development of new research tools [1]. Its work spans across translational workforce development to building a robust innovation ecosystem and demonstrating clinical and translational impact.…”

“…1 The funding that underpins these creative efforts is primarily reliant on federal sources and clinical income. 1 However, as a result of rising clinical costs, changing clinical payment methods and the relative decline of governmental funding for research, the balance between the various missions is being tested and some believe the very survival of AMCs is at stake. 2 Innovation and commercialization of academic discoveries is being embraced as one way to meet these challenges, necessitating development of new ways to support faculty innovations and building new partnerships between administrative and academic units and industry.…”

“…Academic medical centers (AMCs) have a well-established multipronged mission: patient care, education, research and engagement, and service to their communities which are intertwined in sophisticated ways. Faculty at AMCs produce scholarly products that report on biomedical and healthcare advances upon which scientific progress and education is built [1]. The funding that underpins these creative efforts is primarily reliant on federal sources and clinical income [1].…”

“…Faculty at AMCs produce scholarly products that report on biomedical and healthcare advances upon which scientific progress and education is built [1]. The funding that underpins these creative efforts is primarily reliant on federal sources and clinical income [1]. However, as a result of rising clinical costs, changing clinical payment methods, and the relative decline of governmental funding for research, the balance between the various missions is being tested and some believe the very survival of AMCs is at stake [2].…”