Innovation by Surgeon| Volume 143, ISSUE 2, P183-191, February 2008

Intellectual property and royalty streams in academic departments: Myths and realities

      Many of the phenomenal breakthroughs of the past 30 years were conceived and born in university laboratories. Whether in computer science, Internet technologies, or biomedicine, the intellectual horsepower of university labs, the faculty, and, perhaps more important, the students is an unrivaled national—indeed world—resource and a critical engine of economic growth. It wasn't always so. In this short review, the authors endeavor to:
      • Review the historical context of the commercialization of university research.
      • Dispel common myths and extract common realities from past successes.
      • Outline the fundamental processes in translating discoveries.
      • Emphasize the need for vigilance when conflicts of all sorts (interest, commitment) inevitably arise.
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      1. More universities increasing support for campus start-ups. Wall Street Journal. November 27, 2006. Available from: URL:

      2. Stevens Institute, University of Southern California [homepage on the Internet]. 2007. Available from: URL:

      3. Five universities you can do business with. Inc. Magazine. February 2006. Available from: URL:

      4. University of California Technology Transfer [homepage on the Internet]. 2007, August. Available from: URL:

        • Bush V.
        Science—The endless frontier. A report to the president.
        Office of Scientific Research and Development, Washington, DC1945
      5. Bremer HW. The first two decades of the Bayh–Dole act as public policy. Speech given at: the National Association of State Universities and Land Grant Colleges; November 11, 2001; New York, NY.

        • Henderson J.A.
        • Smith J.J.
        Academic, industry, and the Bayh–Dole act: An implied duty to commercialize.
        Center for Integration of Medicine and Innovative Technology, Boston2002
      6. Bayh-Dole act [monograph on the Internet]. 2007, August. Available from: URL:

      7. Bremmer HW. Innovation's golden goose. The Economist. December 12, 2002.

      8. The Bayh–Dole act: A guide to the law and implementing regulations.
        Council on Governmental Relations, Washington, DC1999
      9. Schacht W. The Bayh–Dole act: Selected issues in patent policy and the commercialization of technology. Storming Media, Pentagon Reports: Past, Definitive Complete. 2005. Available from:

      10. Thursdy J, Thursby M. University licensing under Bayh–Dole: What are the issues and evidence? Science 2003;301:1052.

      11. Stanford Technology brainstorm [newsletter]. 2006;12(2).

        • Malone M.S.
        Bill & Dave: How Hewlett and Packard built the world's greatest company.
        Portfolio. 2007;
      12. Stanford University Office of Technology Licensing [homepage on the Internet]. 2007, August. Available from: URL:

        • Evans H.
        • Buckland G.
        • Lefer D.
        They made America: From the steam engine to the search engine: Two centuries of innovators.
        Back Bay Books, Boston2006
      13. Krummel TM, guest editor; Grosfeld JL, editor. Advanced and emerging technologies in pediatric surgery and the process of innovation. Semin Pediatr Surg 2006;15(4).

      14. Entrepreneur [monograph on the Internet]. 2007, August. Available from: URL:

        • Drucker P.
        Innovation and entrepreneurship.
        Collins, New York1993
        • Kelley T.
        The art of innovation.
        Doubleday, New York2001
        • Kelley T.
        The ten faces of innovation.
        Doubleday, New York2005
        • Berkum S.
        The myths of innovation.
        O'Reilly Media, Sebastopol, CA2007
        • Gillmor C.S.
        Fred Terman at Stanford, building a discipline, a university, and Silicon Valley.
        Stanford University Press, Stanford, CA2004
      15. Davis K. Public libraries open their doors. BIO-IT World [serial online]. 2007, February. Available from: URL:

        • Kawasaki G.
        The art of the start: The time-tested, battle-hardened guide for anyone starting anything.
        Portfolio. 2004;
      16. Wall J, Longaker M, Gurtner G. From idea to bedside: The process of surgical invention and innovation. In: Darzl A, Debas H, Athanasiou T, editors. Key topics in surgical research. In press.

        • Osborn A.
        Applied imagination.
        Charles Scribner's Sons, Boston1957
      17. Stanford University Product Realization Lab [homepage on the Internet]. 2007, August/ Available from: URL:

      18. Connor J: Making sense of the FDA as found in Krummel, TM, guest ed: Advanced and emerging technologies in pediatric surgery and the process of innovation, Sem Pediatr Surg, JL Grosfeld, editor, W.B. Saunders Co., Philadelphia, PA, Vol 15(4), November 2006, pp 293-301.

        • Moore F.D.
        Three ethical revolutions: Ancient assumptions remodeled under pressure of transplantation.
        Transplant Proc. 1988; 20: S1061-S1062
        • Moore F.D.
        The desperate case: CARE (costs, applicability, research, ethics).
        JAMA. 1989; 261: 1483-1484
      19. Guidelines offered for responsible technology licensing. In the public interest: Nine points to consider in licensing university technology. Report from a meeting of research officers, licensing directors, and a representative from the Association of American Medical Colleges; Seattle, WA;Summer 2006.

        • Stossel T.P.
        Regulation of financial conflict of interest in medical practice and medical research: a damaging solution in search of a problem.
        Perspect Biol Med. 2007; 50: 54-71