The Decline of University Patenting and the End of the Bayh-Dole Effect

Abstract

University patenting has been heralded as a symbol of changing relations between universities and their social environments. The Bayh-Dole Act of 1980 in the USA was eagerly promoted by the OECD as a recipe for the commercialization of university research, and the law was imitated by a number of national governments. However, since the 2000s university patenting in the most advanced economies has been on the decline both as a percentage and in absolute terms. We suggest that the institutional incentives for university patenting have disappeared with the new regime of university ranking. Patents and spin-offs are not counted in university rankings. In the new arrangements of university-industry-government relations, universities have become very responsive to changes in their relevant environments.