Can the TTO Manage Its Own Disintermediation?

Patrick Jones, Ph.D.
Director, Office of Technology Transfer, University of Arizona

Stephen O'Neil, Ph.D.
Manager, Special Projects and Outreach Services, Office of Technology Transfer, University of Arizona

Patrick Jones
Stephen O'Neil

Technology transfer offices (TTOs) at research-intensive universities in the United States typically operate under broad, and sometimes fluidly defined, mandates. Among their articulated, societal objectives are protecting, managing, and making available to others for further development the patents and other intellectual property arising within the parent university's broader research mission. Financial objectives for technology transfer, such as generating revenue to support research or to provide incentive for researcher participation, are either left implicit or encoded as a search for equitable return to their institution.

In a perfect market, where all players are rational, foresightful, and fully informed, those objectives would presumably be naturally aligned. But in the practical world of early-stage inventions, imperfectly characterized markets are less efficient, and university TTOs can find themselves pulled in different directions by a misalignment of their explicit, societal objectives and their more implicit, financial objectives. Which type of objective is emphasized for a particular case is often determined somewhat opportunistically: the more immediate the perceived commercial applications and financial return, the more attentive the invention management by the TTO, with others managed primarily to preserve potential future revenues or to limit liability, and the rest managed less attentively with the hope that they will contribute, eventually, to societal good.

At the operations level, TTOs have evolved a range of models for managing university inventions. For those with apparent commercial value, patent and software licensing protocols have been developed and partially formalized, time-intensive evaluation and protection models have been established, and occasional runaway successes have been widely noted and used as beacons. For other innovations, of the "eventual societal good" type, TTOs have been less active in organizing an orderly but expedited flow from researchers to colleagues at other institutions, companies willing to informally but purposefully "play" with the invention, and creative individuals. For this second group of innovations, usually assumed to be in the substantial majority, the technology transfer office might best serve its articulated mission by carefully defining general dissemination channels and thereafter disintermediating itself, to the greatest extent feasible, from particular transactions.

What Have We Learned?

During the year or so that the iBridge Network pilot has been running, a small group of institutions and their partners in the Kauffman Innovation Network have gathered enough data to draw some initial conclusions. The first is that adopting traditionally TTO-intermediated protocols to a network of individual actors is a slow process because to do so with acceptable risk and within university policy has required the development of new processes. The TTOs are not reluctant to diminish or, in some circumstances, eliminate their direct involvement in the technology transfer process. In fact, for routine transactions of a repetitive nature, this would be a welcome reprieve. For example, it took some time before the pilot institutions cleanly articulated the bounds of the "authorized signature" problem and then collaboratively identified an acceptable solution that is extensible to cases in which individual researchers act on behalf of their institution.

A second insight has been that while it is impossible to eliminate the risk inherent in moving toward a fully software-based technology transfer agent, it is sometimes sufficient to mitigate the risk to a level close enough to that of a traditional TTO-based procedure. The benefits gained from increased visibility and greater efficiency offset any residual difference in the risk level. To this end, a general approach has slowly evolved: reduce the number of ways that a transaction can go "off track" by carefully defining the protocols by which individual researchers may post their technologies, or acquire the technologies of others, and closely confine the flow of any funds transferred. If the initial and final boundary conditions of transactions are well enough defined, then the system, even if not monitored by TTOs on a case by case basis, is likely to be well behaved.

An example of a meta-lesson learned from the iBridge Network pilot is that research universities, although possessing distinctly individual personalities, can, indeed, collaborate to take substantial steps in addressing significant mutual interests. In this regard, the Kauffman Innovation Network and the iBridge Network might be playing the role of, say, the National Science Foundation and a high-energy particle accelerator facility, respectively, in fostering collaboration and providing a concrete focal point for multi-institutional efforts.

Exploring institution versus individual stereotypes has offered another lesson, namely, that individual researchers sometimes adopt stances that the iBridge Network hypothesis associates with TTOs. For example, researchers might not welcome the possibility that biological materials from their laboratories could be ordered online, like a commodity. Instead, some strongly prefer a direct part in authorizing a transfer. A mechanism for doing that, in a manner consistent with institutional signature authorities, will be required and has come into partial view.

Finally, the pilot institutions have learned the importance of building procedures through which their respective office systems, such as technology databases, are meshed with the common repository as part of the iBridge Network. This allows for equal efficiency for "one-off" asset postings by individual researchers and for en-masse postings and subsequent manipulation by the TTOs. Meeting this goal is essential as the iBridge Network grows to include both institutions substantially less active in technology transfer than are the pilot institutions, and some that are substantially more active.

To date, the hypothesis underlying the iBridge Network remains viable and under vigorous test, with hard-won advances to date sustaining initial optimism. With the experience gained, the answer to the question posed in the title to this article may be tentatively given as: Yes, TTOs can manage their own disintermediation in some cases although probably not all, provided that the creative involvement of institutions currently participating and those to join in the future is matched by the patience required to develop a new mode of technology transfer. The pilot universities' early experience with the iBridge Network suggests that meeting the challenges ahead might well be possible, but will require the same degree of innovation by the technology transfer offices themselves as they have traditionally urged upon the researchers whom they represent.

TB cover 2009This essay is an excerpt from the Kauffman Thoughtbook 2007. To view a table of contents for the 2009 edition, or to order a printed copy of the publication, please visit our 2009 Thoughtbook page