Abstract
As the important source of scientific and technological innovation in China, the improvement of productivity from the patent commercialization in universities and research institutes is of great significance to the promotion of China’s sustainable economic development. Despite the quantity of patent applications from universities has increased dramatically in recent years, the rate of patent commercialization is somewhat lower than we expect. The purpose of our study is to examine whether the incentive patent policy has effectively enhanced the patent outputs and commercialization of universities in China. We determine the specific patent policy based on the information collection and measure the specific effect of the patent policy by using the data of the 64 universities that were directly under the Ministry of Education from 2009 to 2015. As a result, we find that although the policy has increased a university’s patent output, it does not encourage the patent’s commercialization. This is because to a certain extent, the policy has a negative impact on the enthusiasm of the university patent commercialization. Therefore, we argue that patent policies focusing on the quantity in the short term can improve the innovation output but will have a negative impact on university’s sustainable development in the long run.

Source: the annual report of the patent statistics of the State Intellectual Property Office (1995–2016)

Source: Chinese patent survey data report of the State Intellectual Property Office (2015)

Source: Chinese patent survey data report of the State Intellectual Property Office (2015)

Source: Chinese patent survey data report of the State Intellectual Property Office (2015)

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Notes
According to the Ministry of Science and Technology of the People’s Republic of China (Available here http://www.most.gov.cn/ztzl/jqzzcx/zzcxcxzzo/zzcxcxzz/zzcxgncxzz/200512/t20051230_27344.htm).
The law was adopted in 1993 and was revised in 2007 (Available here http://www.yanta.gov.cn/xwzx/bmdt/gkjj/46514.htm).
Patents are divided into three types (inventions, utility model, and design) in China. An invention patent refers to a new technical proposal for a product, a method, or an improvement for them. A utility model patent refers to a new technical scheme that is suitable for the shape, structure, or combination of the product. A design patent refers to a new design for the shape, pattern, or color of a product with a good sense of beauty and that is suitable for industrial application.
The legal database we use basically includes all the laws, administrative regulations, local laws and regulations promulgated by the legislature at all levels, from the central to the local level, and is available at http://www.pkulaw.cn/.
References
Ambos, T. C., Mäkelä, K., Birkinshaw, J., & D’Este, P. (2008). When does university research get commercialized? Creating ambidexterity in research institutions. Journal of Management Studies, 45(8), 1424–1447.
Baldini, N. (2011). University patenting: patterns of faculty motivations. Technology Analysis & Strategic Management, 23(2), 103–121.
Baldini, N., Grimaldi, R., & Sobrero, M. (2007). To patent or not to patent? A survey of Italian inventors on motivations, incentives, and obstacles to university patenting. Scientometrics, 70(2), 333–354.
Chen, Q., & Chang, X. H. (2015). Why so many faculty patents are assigned to outside of university? Business Review, 27, 66–74.
Choi, J., Jang, D., Jun, S., & Park, S. (2015). A predictive model of technology transfer using patent analysis. Sustainability, 7(12), 16175–16195.
Dai, Y., Popp, D., & Bretschneider, S. (2005). Institutions and intellectual property: The influence of institutional forces on university patenting. Journal of Policy Analysis and Management, 24(3), 579–598.
Gerbin, A., & Drnovsek, M. (2016). Determinants and public policy implications of academic-industry knowledge transfer in life sciences: A review and a conceptual framework. The Journal of Technology Transfer, 41(5), 979–1076.
Geuna, A., & Rossi, F. (2011). Changes to university IPR regulations in Europe and the impact on academic patenting. Research Policy, 40(8), 1068–1076.
Grimm, H. M., & Jaenicke, J. (2012). What drives patenting and commercialisation activity at East German universities? The role of new public policy, institutional environment and individual prior knowledge. The Journal of Technology Transfer, 37(4), 454–477.
Hur, W., & Park, J. (2016). Network patterns of inventor collaboration and their effects on innovation outputs. Sustainability, 8(4), 295.
Leydesdorff, L., & Meyer, M. (2010). The decline of university patenting and the end of the Bayh–Dole effect. Scientometrics, 83(2), 355–362.
Li, Z. W., Cao, Y. Y., & Chen, T. X. (2009). The key determinants of patent implementation in China’s colleges and universities: Evidence from Zhejiang province. Studies in Science of Science, 27, 1185–1190.
Link, A. N., Siegel, D. S., & Van Fleet, D. D. (2011). Public science and public innovation: Assessing the relationship between patenting at U.S. National Laboratories and the Bayh–Dole act. Research Policy, 40(8), 1094–1099.
Long, X. N., & Wang, J. (2015). Motivation and quality effect of China’s patent boom. The Journal of World Economy, 6, 115–142.
Louis, K. S., Blumenthal, D., Giuck, M. E., & Stoto, M. A. (1989). Entrepreneurs in academe: An exploration of behaviors among life scientists. Administrative Science Quarterly, 34(1), 110–131.
Love, I., & Zicchino, L. (2007). Financial development and dynamic investment behavior: Evidence from panel VAR. Quarterly Review of Economics and Finance, 46(2), 190–210.
Marchant, G. E. (2016). Technology innovation policy at the local level: The United States experience. Local Government Law Journal, 16(2), 19–30.
Mowery, D. C., Nelson, R. R., Sampat, B. N., & Ziedonis, A. A. (2001). The growth of patenting and licensing by U.S. universities: an assessment of the effects of the Bayh–Dole act of 1980. Research Policy, 30(1), 99–119.
Sampat, B. N. (2006). Patenting and US academic research in the 20th century: The world before and after Bayh–Dole. Research Policy, 35(6), 772–789.
Shane, S. (2005). Encouraging university entrepreneurship? The effect of the Bayh–Dole act on university patenting in the United States. Journal of Business Venturing, 19(1), 127–151.
Slaughter, S., Archerd, C. J., & Campbell, T. I. D. (2004). Campbell, boundaries and quandaries: How professors negotiate market relations. Review of Higher Education, 28(1), 129–165.
Thursby, J. G., & Thursby, M. C. (2011). Has the Bayh–Dole act compromised basic research? Research Policy, 40(8), 1077–1083.
Tseng, A. A., & Raudensky, M. (2014). Assessments of technology transfer activities of US universities and associated impact of Bayh–Dole Act. Scientometrics, 101(3), 1851–1869.
Tyler, J. E. (2013). Redeploying Bayh–Dole: Beyond merely doing good to optimizing the potential in results of taxpayer-funded research. The Journal of Technology Transfer, 38(6), 911–929.
Wang, R. M., Teng, Q., & Lu, F. F. (2013). The analysis on the factors affecting the transformation of patents in university and the countermeasures. Science Research Management, 34, 137–144.
Wu, Y., Welch, E. W., & Huang, W. (2015). Commercialization of university inventions: Individual and institutional factors affecting licensing of university patents. Technovation, 36–37, 12–25.
Zhang, Q. H., & Luo, J. W. (2009). Analysis on the influence of the patent funding policy of Shanghai for the figure of patent application. Studies in Science of Science, 27(5), 682–685.
Zhang, J. R., & Yuan, X. D. (2014). Have Chinese Bayh–Dole like rules promoted university’ s patent output? Studies in Science of Science, 32, 1859–1866.
Zhao, J., & Wu, G. (2017). Evolution of the Chinese Industry-University-Research collaborative innovation system. Complexity, 2017(1), 1–13.
Acknowledgments
The work was financially supported by National Social Science Fund of China (14BRK003), The Fundamental Research Funds for the Central Universities (2016022), The Teaching Reform Research Project of Hubei Province (2016006) and The Teaching Reform Research Project of Wuhan University(2016013).
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Gong, H., Peng, S. Effects of patent policy on innovation outputs and commercialization: evidence from universities in China. Scientometrics 117, 687–703 (2018). https://doi.org/10.1007/s11192-018-2893-5
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DOI: https://doi.org/10.1007/s11192-018-2893-5