The Empirical Study Of University Patent Activity Under Chinese Bayh-dole Roles

There is no doubt that the universities are an important place to create and diffuse knowledge, and the patent is an important carrier of university knowledge output. Enhancing our universities’patent creation, utilization and protection is not only an important measure of the implementation of the national intellectual property strategy, but also an important content to build the national innovation system. The legislation of Bayh-Dole like roles following America in China has been high hopes, which was expected to inspire the researches’creation enthusiasm in universities. But few people have done empirical study on the effectiveness of the rules. More importantly, facing to the impact of open innovation and new business model, could the university adapt to new technology and economy environment, could the existed institution supply proper inspiration is doubtful. Institutional change of university patent is needed.Historical analysis is adopted to explore the origin and changes of Bayh-Dole like rules and also the spreading of them in our country and several other countries. The operating status of the rules is also analyzed. The importance of institution system in the process of rules generating and function is exemplified. Interregional change of Bayh-Dole like rules confirmed the existence of constraining institutional system.Regression analysis is employed to analyze the function of Bayh-Dole like rules in China. The results show that the patent output of university has grown greatly after the implementation of Bayh-Dole like rules. But the National overall patent output and the university’s patent output are mainly influenced by R&D inputs. Excluding R&D input factors, the implementation of Chinese Bayh-Dole like rules has not promoted university’s patent output. The number of patents and patent integration capabilities are positively correlated with the ratio of patent utilization; financial support and dependence of trading platform are negatively correlated with the ratio of patent utilization. Open innovation can integrate the theories of integrated innovation, synergetic Innovation, and innovation network, and has more and more profound and extensive impact on technology and economy. But patents is more disperse, transaction costs increased, quality of patents get poorer, patent rip-off and many other issues emerged under open innovation, leading to patent market failures, which challenge the creation and usage of university patent. Universities should adapt to and actively participate in the new patent business model.Bayh-Dole like rules is not able to promote the creation and utilize of university patents effectively. The university patent related systems are undergoing a new round of change pushed by open innovation.Direction and several points of university patent institution reform are found by evolution analysis of the university patent institution change, based on which, suggestions are given to promote patent creation and utilization in Chinese universities.