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Continuing barrage of criticism begs for a response from tech transfer professionals
December 2nd, 2007 by David Schwartz under Question of the Week, Tech Transfer

David Schwartz
Executive Editor
Technology Transfer Tactics

Tech transfer professionals have become accustomed to criticism from corporations who say they lack business savvy, investors who say they’re too greedy and difficult to negotiate with, and researchers who complain they complicate or delay licensing deals. Then came the Kauffman Foundation’s report blasting the field as too focused on “home run” deals, and a controversial Scientist article taking cheap shots and questioning the profession’s competence. Still, the field has continued to grow, continued to work dutifully to fulfill its mission, protecting valuable intellectual property, negotiating and signing licensing agreements, finding funds for early-stage research, and generating revenues that are poured back into research programs and drive the engine of continuing innovation. For those toiling away in TTOs, it’s galling to dodge this rising chorus of negativity despite a collective track record of great accomplishment. But the response to criticism has generally been to ignore it, secure in the knowledge that their work — while obviously underappreciated and misunderstood — is based on the ideal, and the daily reality, of promoting scientific advances that make the world a better place, save lives, and solve globally important problems.

Now comes another broadside, this one from a prominent scientist addressing a conference held by the National Institutes of Environmental Health Sciences, part of the National Institutes of Health from which much research funding flows. The remarks made by University of California-Davis entomologist Bruce Hammock may signal that it’s time for TTOs and their staffs to take the gloves off and start fighting back in the court of public opinion. Hammock’s comments and their one-sided nature beg for a response — and this week I’d like to use our new blog to give you a chance to do just that.

Hammock, who directs the UCD Superfund Basic Research Program of NIEHS, told attendees that tech transfer offices are bureaucratic blockades to innovation, stifling research because they focus on generating revenue rather than promoting faster and wider adoption of technology breakthroughs. “That’s a growing viewpoint of many interested in the technology transfer field,” he said. “We as a nation have developed the most powerful innovation factory in human history, but universities are poor at moving public sector innovation into the private sector for development and implementation.” Referring to the landmark Bayh-Dole Act widely acknowledged as providing the impetus in the U.S. for 25 years of accelerating commercialization of university research, Hammock stated that “an unintended consequence of this act was the generation of university technology transfer offices or TTOs.” Citing the Kauffman Foundation to support his views, Hammock told conference attendees that “universities have great difficulty in determining the value of their own technologies due, in part, to the diversity of technologies developed. There is often a degree of arrogance among TTOs, resulting in hesitancy to solicit advice on establishing the value of a technology. As a result, they overlook important early stage technology from young faculty while searching for ‘home run’ technologies from established investigators. Because TTOs are afraid of making bad decisions, the flow of the technology from the university is drastically delayed.” He then echoed a Kauffman Foundation proposal, urging universities to move from what the Foundation views as a short-term profit model to a volume model where many technologies are patented at low cost and licensed rapidly. (For more detail on his address, go to: http://www.dailydemocrat.com/business/ci_7539459.)

The repeated criticisms of tech transfer professionals seem to get lots of press attention, but rarely do we hear response from the field. A famous line from the movie classic Network captures a feeling that many hard-working tech transfer staffers may need to begin voicing: “We’re mad as hell and we’re not going to take it anymore.”

Like it or not, the tech transfer role in promoting innovation — your jobs and departments — are under attack. Here’s your chance to respond, and spread the word that that without the hard work taking place in tech transfer offices around the country and the world, countless innovations may never have made it out of the research lab and seen the light of day in the commercial marketplace. Tech transfer professionals should be proud that their efforts contribute to accelerating the pace of innovation and make an incredibly positive contribution to the world both in economic and humanitarian terms. Let’s make sure that those efforts don’t get forgotten, de-valued, or ultimately wiped out by the bluster of naysayers who are less than fully informed.


Read the Comments

Comment from Zachary King December 6, 2007, 10:29 pm

Having just read the Kauffman Foundation report, I can only wonder why I didn’t think of such wonderful ideas as “Internet-based approaches” to match those with ideas with those want to implement them (how groundbreaking); or “Faculty Loyalty” in which all IP rights reside with the academics and that when they are rich and successful from commercialising their work, they will donate back to the university. Seriously.

Honestly, I find it amazing that this paper was allowed to be published. These proposals are woefully simplistic and massively inadequate for dealing with the complexities involved in the translation of research.

Comment from Ross L Manning December 6, 2007, 7:38 am

Dr Hammock’s comments do not reflect the reality of how we do this job.

‘…stifling research because they focus on generating revenue rather than promoting faster and wider adoption of technology breakthroughs.’ Just how do TTOs stifle research exactly? I’ve never told a researcher what to do; I merely seek to exploit what they have already done. As for revenue generation, what exactly is wrong with making money? And, why is revenue generation mutually exclusive to wide adoption? If everyone starts buying our licenced technology, we get adoption AND revenue.

‘…they overlook important early stage technology from young faculty while searching for ‘home run’ technologies from established investigators.’ Young faculty are often the best source of commercially viable IP. We’ve done several deals with IP from pre-professor level faculty; we’ll happily deal with undergrads if the IP is there. I couldn’t care less where they are on the career ladder, all I care about is the commercial potential. Why would I deliberately ignore a large cohort of great inventors? Why?

‘…There is often a degree of arrogance among TTOs, resulting in hesitancy to solicit advice on establishing the value of a technology.’ This is a bit bizarre. Why would I want to incur that cost of filing a provisional *without* soliciting advice? The first thing we do with any idea is find someone in our network of advisers who can give us a third party viewpoint. We use searching agencies, refer to market reports and call as many people as we can find. A TTO that operates without consulting the market before shelling out on a patent deserves to be shut down.

‘…urging universities to move from what the Foundation views as a short-term profit model to a volume model where many technologies are patented at low cost and licensed rapidly.’ That IS a short term profit model. Just how does Dr Hammock propose we fund this patent avalanche, and where are these licencees?

Comment from “Sick and tired” December 4, 2007, 1:38 pm

Congrats to David Schwartz for taking up the cudgels on behalf of tech transfer professionals. I’m fed up with comments from industries that just want to rape university innovations without paying.

Comment from Cath Bethell December 2, 2007, 9:53 pm

Having worked in the world of hi-tech start-ups where someone’s brilliant idea was being taken through the ‘brainwave to product’ route, I would suggest that the criticisms of TTOs are missing some key points about the bigger picture of commercialisation.

The TTOs industry is in its infancy and must be allowed to feel its way and make the odd mistake. The big bad commercial world has been getting it wrong for decades and, for every one bright idea that has made it to a commercially viable product, many have failed, not because of lack of market or skills on the part of designers but for the simple fact of lack of funding. More worrying is that there is evidence to suggest that some products do not make it because they are actively blocked by funders who want to protect their existing investments in other areas. If they allow product B to be developed then it will compete with product A and they will not get the return on investment on product A they hoped for. Add a bit of collusion between VCs and other investors and it soon means that however brilliant product B is, it will not get off the starting blocks and the world may well be poorer for it.

Back to TTOs – these are people who are by nature expected to be a knowledgeable in a wide area with both commercial and academic “savvy”, the ability to understand a complex idea an its potential applications, wise in the ways of patents, licensing and legal aspects, marketing gurus, fundraising experts etc. In short we require them to be the equivalent of CEO of a start-up for each idea which they pursue towards commercialisation. Since most CEOs I know are flat out trying to get one single idea to commercial product, perhaps the world is just expecting too much?

Comment from Terri Butler, PhD December 2, 2007, 9:52 pm

New approaches to intellectual property protection and licensing are popping up all over these days. There are auctions, licensing intermediaries, and early stage investment organizations that are changing the way the game is played. Drawing on these groups, as well as on advisory boards made up of experienced industry personnel, university tech transfer will continue to become more productive.

However, it appears there will be on-going challenges in educating inventors with regard to the costs of keeping an idea alive. Along those lines, I am wondering what this suggested “high volume, low cost” patent process mentioned in Dr. Hammock’s speech might be? And what, exactly, would be recommended to have this lead to “rapid licensing?” Once again, I am afraid, someone is suggesting mystery solutions that we all wish we had, but that have not yet come across in the real world. However, if someone does know what these speedy, cheap methods are, beyond filing provisionals and looking for interest based on those, please forward this information to all of us!

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