Book's by National Research Council (U.S.). Committee on Management of University Intellectual Property: Lessons from a Generation of Experience, Research, and Dialogue
A study of the organization, functioning, and effects of university technology transfer activities involving formal intellectual property rights that resulted from the deliberations of two standing National Research Council committees: the Board on Science, Technology, and Economic Policy and the Committee on Science, Technology and Law.
Thirty years ago federal policy underwent a major change through the Bayh-Dole Act of 1980, which fostered greater uniformity in the way research agencies treat inventions arising from the work they sponsor. Before the Act, if government agencies funded university research, the funding agency retained ownership of the knowledge and technologies that resulted. However, very little federally funded research was actually commercialized. As a result of the Act's passage, patenting and licensing activity from such research has accelerated. Although the system created by the Act has remained stable, it has generated debate about whether it might impede other forms of knowledge transfer. Concerns have also arisen that universities might prioritize commercialization at the expense of their traditional mission to pursue fundamental knowledge-for example, by steering research away from curiosity-driven topics toward applications that could yield financial returns. To address these concerns, the National Research Council convened a committee of experts from universities, industry, foundations, and similar organizations, as well as scholars of the subject, to review experience and evidence of the technology transfer system's effects and to recommend improvements. The present volume summarizes the committee's principal findings and recommendations.
Imagine sending a magazine article to 10 friends-making photocopies, putting them in envelopes, adding postage, and mailing them. Now consider how much easier it is to send that article to those 10 friends as an attachment to e-mail. Or to post the article on your own site on the World Wide Web. The ease of modifying or copying digitized material and the proliferation of computer networking have raised fundamental questions about copyright and patentâ€"intellectual property protections rooted in the U.S. Constitution. Hailed for quick and convenient access to a world of material, the Internet also poses serious economic issues for those who create and market that material. If people can so easily send music on the Internet for free, for example, who will pay for music? This book presents the multiple facets of digitized intellectual property, defining terms, identifying key issues, and exploring alternatives. It follows the complex threads of law, business, incentives to creators, the American tradition of access to information, the international context, and the nature of human behavior. Technology is explored for its ability to transfer content and its potential to protect intellectual property rights. The book proposes research and policy recommendations as well as principles for policymaking.
Research universities are critical contributors to our national research enterprise. They are the principal source of a world-class labor force and fundamental discoveries that enhance our lives and the lives of others around the world. These institutions help to create an educated citizenry capable of making informed and crucial choices as participants in a democratic society. However many are concerned that the unintended cumulative effect of federal regulations undercuts the productivity of the research enterprise and diminishes the return on the federal investment in research. Optimizing the Nation's Investment in Academic Research reviews the regulatory framework as it currently exists, considers specific regulations that have placed undue and often unanticipated burdens on the research enterprise, and reassesses the process by which these regulations are created, reviewed, and retired. This review is critical to strengthen the partnership between the federal government and research institutions, to maximize the creation of new knowledge and products, to provide for the effective training and education of the next generation of scholars and workers, and to optimize the return on the federal investment in research for the benefit of the American people.
The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.
This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.
On January 27-28, 1999, the NRC Commission on Life Sciences organized "Finding the Path: Issues of Access to Research Resources", a conference to explore the breadth of problems and opportunities related to obtaining and transferring research resources. The following summary of the 2-day meeting lays out the problems concerning access to research resources as discussed by 2 dozen speakers and members of the audience.
Since Galileo corresponded with Kepler, the community of scientists has become increasingly international. A DNA sequence is as significant to a researcher in Novosibirsk as it is to one in Pasadena. And with the advent of electronic communications technology, these experts can share information within minutes. What are the consequences when more bits of scientific data cross more national borders and do it more swiftly than ever before? Bits of Power assesses the state of international exchange of data in the natural sciences, identifying strengths, weaknesses, and challenges. The committee makes recommendations about access to scientific data derived from public funding. The volume examines: Trends in the electronic transfer and management of scientific data. Pressure toward commercialization of scientific data, including the economic aspects of government dissemination of the data. The implications of proposed changes to intellectual property laws and the role of scientists in shaping legislative and legal solutions. Improving access to scientific data by and from the developing world. Bits of Power explores how these issues have been addressed in the European Community and includes examples of successful data transfer activities in the natural sciences. The book will be of interest to scientists and scientific data managers, as well as intellectual property rights attorneys, legislators, government agencies, and international organizations concerned about the electronic flow of scientific data.
Biologists communicate to the research community and document their scientific accomplishments by publishing in scholarly journals. This report explores the responsibilities of authors to share data, software, and materials related to their publications. In addition to describing the principles that support community standards for sharing different kinds of data and materials, the report makes recommendations for ways to facilitate sharing in the future.
America's research universities have undergone striking change in recent decades, as have many aspects of the society that surrounds them. This change has important implications for the heart of every university: the faculty. To sustain their high level of intellectual excellence and their success in preparing young people for the various roles they will play in society, universities need to be aware of how evolving conditions affect their ability to attract the most qualified people and to maximize their effectiveness as teachers and researchers. Gender roles, family life, the demographic makeup of the nation and the faculty, and the economic stability of higher education all have shifted dramatically over the past generation. In addition, strong current trends in technology, funding, and demographics suggest that change will continue and perhaps even accelerate in academe in the years to come. One central element of academic life has remained essentially unchanged for generations, however: the formal structure of the professorial career. Developed in the mid-nineteenth and early twentieth centuries to suit circumstances quite different from today's, and based on traditions going back even earlier, this customary career path is now a source of strain for both the individuals pursuing it and the institutions where they work. The Arc of the Academic Research Career is the summary of a workshop convened by The Committee on Science, Engineering, and Public Policy in September 2013 to examine major points of strain in academic research careers from the point of view of both the faculty members and the institutions. National experts from a variety of disciplines and institutions discussed practices and strategies already in use on various campuses and identified issues as yet not effectively addressed. This workshop summary addresses the challenges universities face, from nurturing the talent of future faculty members to managing their progress through all the stages of their careers to finding the best use of their skills as their work winds down.
In many countries, colleges and universities are where the majority of innovative research is done; in all cases, they are where future scientists receive both their initial training and their initial introduction to the norms of scientific conduct regardless of their eventual career paths. Thus, institutions of higher education are particularly relevant to the tasks of education on research with dual use potential, whether for faculty, postdoctoral researchers, graduate and undergraduate students, or technical staff. Research in the Life Sciences with Dual Use Potential describes the outcomes of the planning meeting for a two-year project to develop a network of faculty who will be able to teach the challenges of research in the life sciences with dual use potential. Faculty will be able to incorporate such concepts into their teaching and research through exposure to the tenets of responsible conduct of research in active learning teaching methods. This report is intended to provide guidelines for that effort and to be applicable to any country wishing to adopt this educational model that combines principles of active learning and training with attention to norms of responsible science. The potential audiences include a broad array of current and future scientists and the policymakers who develop laws and regulations around issues of dual use.
The Board on Science, Technology and Economic Policy updated its 1999 analysis (Appendix A, Securing America's Industrial Strength, 1999) of changes since 1990 in the distribution of federal research funding by field of science and engineering) by incorporating FY 1998 and FY 1999 obligations from the NSF Federal Funds survey, with particular attention to the trends in basic research support, changes in research fields' relative dependence on research-sponsoring agencies, and the relationship between changes in research support and changes in enrollment in graduate training in selected fields of research. The Board did not recommend funding levels for any discipline but addressed procedural aspects of R&D budgeting.
In the years since the Shelby Amendment, scientists, industry, and policy makers have struggled over how the public's new right of access should be applied to scientific data. There is loose agreement that research data should be accessible, but wide disagreement over the "depth" to which the public has such a right. The National Academies' Science, Technology, and Law Program held a workshop to explore the mounting tensions in the federal regulatory process between the need to provide access to research data and the need to protect the integrity of the research process. The workshop provided a picture of the debate arising from passage of the Shelby Amendment and the resulting OMB revisions of Circular A-110. This report is a summary of the workshop.
Students who participate in scientific research as undergraduates report gaining many benefits from the experience. However, undergraduate research done independently under a faculty member's guidance or as part of an internship, regardless of its individual benefits, is inherently limited in its overall impact. Faculty members and sponsoring companies have limited time and funding to support undergraduate researchers, and most institutions have available (or have allocated) only enough human and financial resources to involve a small fraction of their undergraduates in such experiences. Many more students can be involved as undergraduate researchers if they do scientific research either collectively or individually as part of a regularly scheduled course. Course-based research experiences have been shown to provide students with many of the same benefits acquired from a mentored summer research experience, assuming that sufficient class time is invested, and several different potential advantages. In order to further explore this issue, the Division on Earth and Life Studies and the Division of Behavioral and Social Sciences and Education organized a convocation meant to examine the efficacy of engaging large numbers of undergraduate students who are enrolled in traditional academic year courses in the life and related sciences in original research, civic engagement around scientific issues, and/or intensive study of research methods and scientific publications at both two- and four-year colleges and universities. Participants explored the benefits and costs of offering students such experiences and the ways that such efforts may both influence and be influenced by issues such as institutional governance, available resources, and professional expectations of faculty. Integrating Discovery-Based Research into the Undergraduate Curriculum summarizes the presentations and discussions from this event.
Drawing on the findings of sector-specific workshops, e-mail surveys, research literature, expert testimony, and committee and panel members' expertise, this National Academy of Engineering study assesses the qualitative impact of academic research on five industriesâ€"network systems and communications; medical devices and equipment; aerospace; transportation, distribution, and logistics services; and financial services. The book documents the range and significance of academic research contributions to the five industriesâ€"comparing the importance of different types of contributions, the multi- and interdisciplinary nature of these contributions, and the multiple vectors by which academic research is linked to each industry. The book calls for action to address six cross-cutting challenges to university-industry interactions: the growing disciplinary and time-horizon-related imbalances in federal R&D funding, barriers to university-industry interaction in service industries, the critical role of academic research in the advancement of information technology, the role of academic research in the regulation of industry, the impact of technology transfer activities on core university research and education missions, and the search for new pathways and mechanisms to enhance the contributions of academic research to industry. The book also includes findings and recommendations specific to each industry.
A Data-Based Assessment of Research-Doctorate Programs in the United States provides an unparalleled dataset that can be used to assess the quality and effectiveness of doctoral programs based on measures important to faculty, students, administrators, funders, and other stakeholders. The data, collected for the 2005-2006 academic year from more than 5,000 doctoral programs at 212 universities, covers 62 fields. Included for each program are such characteristics as faculty publications, grants, and awards; student GRE scores, financial support, and employment outcomes; and program size, time to degree, and faculty composition. Measures of faculty and student diversity are also included. The book features analysis of selected findings across six broad fields: agricultural sciences, biological and health sciences, engineering, physical and mathematical sciences, social and behavioral sciences, and humanities, as well as a discussion of trends in doctoral education since the last assessment in 1995, and suggested uses of the data . It also includes a detailed explanation of the methodology used to collect data and calculate ranges of illustrative rankings. Included with the book is a comprehensive CD-ROM with a data table in Microsoft Excel. In addition to data on the characteristics of individual programs, the data table contains illustrative ranges of rankings for each program, as well as ranges of rankings for three dimensions of program quality: (1) research activity, (2) student support and outcomes, and (3) diversity of the academic environment. As an aid to users, the data table is offered with demonstrations of some Microsoft Excel features that may enhance the usability of the spreadsheet, such as hiding and unhiding columns, copying and pasting columns to a new worksheet, and filtering and sorting data. Also provided with the data table are a set of scenarios that show how typical users may want to extract data from the spreadsheet. PhDs.org, an independent website not affiliated with the National Research Council, incorporated data from the research-doctorate assessment into its Graduate School Guide. Users of the Guide can choose the weights assigned to the program characteristics measured by the National Research Council and others, and rank graduate programs according to their own priorities.
Facilitating Interdisciplinary Research examines current interdisciplinary research efforts and recommends ways to stimulate and support such research. Advances in science and engineering increasingly require the collaboration of scholars from various fields. This shift is driven by the need to address complex problems that cut across traditional disciplines, and the capacity of new technologies to both transform existing disciplines and generate new ones. At the same time, however, interdisciplinary research can be impeded by policies on hiring, promotion, tenure, proposal review, and resource allocation that favor traditional disciplines. This report identifies steps that researchers, teachers, students, institutions, funding organizations, and disciplinary societies can take to more effectively conduct, facilitate, and evaluate interdisciplinary research programs and projects. Throughout the report key concepts are illustrated with case studies and results of the committee's surveys of individual researchers and university provosts.
The Survey of Earned Doctorates (SED) collects data on the number and characteristics of individuals receiving research doctoral degrees from all accredited U.S. institutions. The results of this annual survey are used to assess characteristics and trends in doctorate education and degrees. This information is vital for education and labor force planners and researchers in the federal government and in academia. To protect the confidentiality of data, new and more stringent procedures were implemented for the 2006 SED data released in 2007. These procedures suppressed many previously published data elements. The organizations and institutions that had previously relied on these data to assess progress in measure of achievement and equality suddenly found themselves without a yardstick with which to measure progress. Several initiatives were taken to address these concerns, including the workshop summarized in this volume. The goal of the workshop was to address the appropriateness of the decisions that SRS made and to help the agency and data users consider future actions that might permit release of useful data while protecting the confidentiality of the survey responses.
The SBIR program allocates 2.5 percent of 11 federal agencies' extramural R&D budgets to fund R&D projects by small businesses, providing approximately $2 billion annually in competitive awards. At the request of Congress the National Academies conducted a comprehensive study of how the SBIR program has stimulated technological innovation and used small businesses to meet federal research and development needs. Drawing substantially on new data collection, this book examines the SBIR program at the National Institutes of Health and makes recommendations for improvements. Separate reports will assess the SBIR program at DOD, NSF, DOE, and NASA, respectively, along with a comprehensive report on the entire program.
As digital technologies are expanding the power and reach of research, they are also raising complex issues. These include complications in ensuring the validity of research data; standards that do not keep pace with the high rate of innovation; restrictions on data sharing that reduce the ability of researchers to verify results and build on previous research; and huge increases in the amount of data being generated, creating severe challenges in preserving that data for long-term use. Ensuring the Integrity, Accessibility, and Stewardship of Research Data in the Digital Age examines the consequences of the changes affecting research data with respect to three issues - integrity, accessibility, and stewardship-and finds a need for a new approach to the design and the management of research projects. The report recommends that all researchers receive appropriate training in the management of research data, and calls on researchers to make all research data, methods, and other information underlying results publicly accessible in a timely manner. The book also sees the stewardship of research data as a critical long-term task for the research enterprise and its stakeholders. Individual researchers, research institutions, research sponsors, professional societies, and journals involved in scientific, engineering, and medical research will find this book an essential guide to the principles affecting research data in the digital age.
The potential misuse of advances in life sciences research is raising concerns about national security threats. Dual Use Research of Concern in the Life Sciences: Current Issues and Controversies examines the U.S. strategy for reducing biosecurity risks in life sciences research and considers mechanisms that would allow researchers to manage the dissemination of the results of research while mitigating the potential for harm to national security.
This report provides an assessment of NIH's programs for increasing the participation in biomedical science of individuals from underrepresented minority groups. The report examines, using available data and the results of a survey of NIH trainees, the characteristics and outcomes of programs at the undergraduate, graduate, postdoctoral, and junior faculty levels. The report provides recommendations for improving these programs and their administration. It also recommends how NIH can improve the data it collects on trainees in all NIH research training programs so as to enhance training program evaluation.
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