When do universities own their patents? An explorative study of patent characteristics and organizational determinants in Germany Anja Schoen1, Guido Buenstorf2 1 Corresponding author: TUM School of Management, Technische Universität München, Email: schoen@wi.tum.de, Phone: +49 (89) 289 25746, Fax: +49 (89) 289 25742 2 Institute of Economics and INCHER-Kassel, University of Kassel, Email: buenstorf@uni-kassel.de, Phone: +49 (561) 804 2506; Fax: + 49 (561) 804 2501 University-invented patents are often not owned by the university. Empirical knowledge about factors affecting the ownership of university patents is limited and mainly focuses on patent characteristics. To study how the ownership of German university patents (2006-2007) relates to patent and university-level performance indicators, we matched PatStat data with a register of German professors. Four to five years after the abolition of the professors’ privilege, universities on average owned more than half of all patents on faculty inventions. General and technical universities differ in how patent ownership relates to patent and university characteristics. Keywords: university-owned patents; university-invented patents; technical universities; organizations. JEL codes: L31, O31, O34 1 1 Introduction After decades of sometimes dramatic changes, technology transfer to the private sector is now virtually taken for granted as a “third mission” of universities (Etzkowitz and Leydesdorff, 2000). Even though technology transfer operates through diverse channels (Cohen et al., 2002), recent attention has focused on university patenting. Policy initiatives sought to enhance transfer performance by re-allocating intellectual property rights in faculty inventions to the university. In the same spirit, university-owned patents are frequently used as a key indicator for the effectiveness and efficiency of technology transfer in policy-oriented literature and discussions (e.g., OECD, 2003). Prior empirical research (e.g., Saragossi and van Pottelsberghe de la Potterie, 2003; Lissoni et al., 2009; Sterzi, 2012) shows, however, that a substantial share of university patents (i.e., patents (co-)invented by university faculty and staff) are not university-owned but have other owners (mostly firms or public research organizations). In line with the literature, the latter will be referred to as university-invented patents in what follows. Even though the share of university-owned patents increased after the legal reforms, university-invented patents still account for the majority of all university patents in Europe, e.g. in Denmark or France (Lissoni et al., 2009; Della Malva et al., 2013). There is also evidence that differences in ownership are associated with differences in patent and university characteristics (cf. Section 2 below). In the present paper, we extend the prior work by studying patent- and university-level determinants of patent ownership in more detail. Better understanding how university characteristics relate to patent ownership is important to assess the effects of the legal reforms on technology transfer outcomes. Are more research-intensive universities with better transfer facilities more likely to own the inventions made by their faculty? Or are marginal and less transfer-experienced universities perhaps pursuing their ownership rights most aggressively? 2 To answer these questions, we systematically match professor names with inventor names in German patent applications filed in 2006-07, several years after the professors’ privilege was abolished. In these years, German universities owned the majority of new university patent applications. Individual universities differ substantially in their shares of university-owned patents. Our findings are moreover suggestive of differences in the patenting regimes of technical universities as compared to “traditional” research universities. The paper is structured as follows. We next discuss extant literature related to university patenting. Section 3 provides a brief introduction to the institutional context of public research in Germany. Section 4 discusses the data. Empirical results are presented in Section 5 and discussed in Section 6. 2 Literature review Recent policy initiatives in several European countries, including Germany, aimed to improve university-to-industry technology transfer based on intellectual property (IP) (Geuna and Rossi, 2011). These reforms were motivated by the conjecture that European universities often generate relevant findings but are not active enough in technology transfer, especially when compared to their U.S. counterparts – a phenomenon often referred to as the “European paradox” (OECD, 2003; Mowery and Sampat, 2005; Dosi et al., 2006). However, there was little evidence to substantiate the allegations of insufficient European transfer activities, and recent empirical studies have challenged these claims (e.g., Saragossi and van Pottelsberghe de la Potterie 2003; Crespi et al., 2006; Lissoni et al., 2008, 2009; Della Malva et al., 2013; Sterzi, 2013). These studies show that university-invented patents are more prevalent in Europe than in the U.S., while the overall share of university patents among all patents is similar. Only counting university-owned patents then gives a misleading impression. Historical differences in the legal framework governing university patents are the main cause of the observed U.S.–(continental) Europe discrepancies in ownership patterns. In the 3 U.S., the Bayh-Dole Act of 1980 gave universities blanket permission to patent inventions that their faculty and staff had made in research sponsored by federal agencies (Mowery et al., 2001). Compared to the earlier situation, this implied that IP had shifted closer to the inventor. The Bayh-Dole Act has nonetheless remained controversial to date. Critics have proposed switching to inventor ownership and letting faculty inventors decide themselves what to do with their inventions (Kenney and Patton 2009, 2011). Somewhat ironically, inventor ownership is exactly what Germany gave up in favor of a Bayh-Dole-like regime when the professors’ privilege was abolished in 2002. Prior research has started to investigate how the legislative changes affected ownership patterns of university patents. For Germany, Frietsch et al. (2011) and von Proff et al. (2012) find that patents filed after 2002 are much more likely to be university-owned. Similar results were obtained by Della Malva et al. (2013) who analyzed the effect of the French Innovation Act of 1999. Interestingly, Lissoni et al. (in this issue) observe an increase in the share of university-owned patents after the new introduction of the professors’ privilege in Italy. They show, however, that this was due to greater autonomy given to Italian universities in regard to IP policies rather than the professors’ privilege. These results suggest that effects of changes in intellectual property rights may not be as straightforward as they seem. They resonate with evidence that the establishment of technology transfer offices (TTOs), federal subsidies for new patent exploitation agencies, and the increasing focus on entrepreneurial activities also played important roles in the rising importance of university-owned patents in Germany (Geuna and Rossi, 2011; von Proff et al., 2012). This raises the issue of how patent- and university-level characteristics are related to the ownership patterns of university patents. Only a small number of prior studies have focused on this question. Thursby et al. (2009) study the ownership of university patents in the U.S. They hypothesize that if university-invented patents resulted from faculty consulting, they should 4 be more incremental (measured by numbers of backward citations) than university-owned patents. In contrast, inventors strategically circumventing the TTO should preferably do this with more important (measured by numbers of claims and forward citations) and thus presumably more profitable patents. University-owned patents are indeed found to be less incremental. Results regarding importance are less conclusive. University-owned patents receive less forward citations, but this is significant only in models without technology fixed effects. Recent work using European data challenges some of the results obtained by Thursby et al. (2009). Lissoni et al. (in this issue) find that backward citations are not systematically associated with ownership types of Italian university patents. Sterzi (2012) finds that firmowned academic patents by UK universities have more forward citations than universityowned patents, at least in the short term. For Germany, Czarnitzki et al. (2012) suggest firmowned patents to be more complex and to have higher blocking potential. Turning to university-level determinants, Thursby et al. (2009) find a higher likelihood of public universities to own faculty patents. University ownership is more likely when faculty inventors receive larger shares of royalties in case of successful commercialization. Della Malva et al. (2013) find that university size and type affect patent ownership in France. The size effect diminishes, however, when the existence of a TTO is controlled for. Prior results on the relevance of TTOs are inconclusive. For France, a positive effect of TTOs on the likelihood of university ownership has been identified, while the presence of a TTO apparently has no effect in Italy (Della Malva et al., 2013; Lissoni et al., in this issue). In a nutshell, the studies reviewed in this section shed some light on how patent characteristics as well as of university-level variables affect ownership patterns of university patents. However, determinants such as universities’ research and entrepreneurial performance as well as their organizational identity are largely neglected in the discussion. The present paper addresses this gap in the context of German universities. Knowledge about 5 these determinants will help to better understand differences between universities in technology transfer and to assess the impact of the recent legal reforms. 3 The institutional context in Germany Institutions of higher education in Germany can be distinguished into research universities following the Humboldtian ideal of unity of research and teaching and Fachhochschulen (universities of applied science or polytechnics) that primarily focus on teaching. German public research is moreover characterized by strong non-university public research organizations (PROs). In what follows, we concentrate on research universities. These can be further differentiated into general research universities (henceforth GUs) and Technische Universitäten (technical universities; henceforth TUs). GUs encompass old universities such as Heidelberg (founded in 1386), and also newer schools (there was a wave of new university founding in the 1970s) that nonetheless adhere to the same ideal of curiosity-driven research and teaching. Within the German public research system, GUs are strongholds of the humanities and social sciences. Many GUs also excel in the sciences and in medical research. GUs are traditionally less focused on engineering and have historically been reluctant to form strong ties to the private sector. In contrast, TUs were originally founded to contribute to technological innovation; mostly by educating engineers (König, 1996). Present-day TUs feature a broad spectrum of disciplines, even though there still is a focus on the sciences and on engineering. They are research-intensive and tend to pursue use-inspired basic research in Pasteur’s Quadrant (Stokes, 1997), often in close interaction with private-sector partners. These differences may affect how patent/university characteristics are associated to patent ownership at both types of universities. We probe into this possibility in our empirical analysis. Almost without exception, German universities (of both types) are publicly owned. Since the mid-1970s they have faced substantial policy pressure to prove their “usefulness”. As part 6 of this pressure, universities were increasingly expected to foster technology transfer. This culminated in the abolishment of the professors’ privilege (inventor ownership of patents), which many observers saw as an obstacle to effective technology transfer (cf. von Proff et al., 2012), in February 2002. Since then, German universities (GUs as well as TUs) have assumed IP in the “service” inventions made by faculty and staff as part of their university employment. As an incentive for faculty to disclose their inventions to the university, the law uniformly allocates 30% of the gross revenue to the inventors. If universities fail to file patents on disclosed inventions, property rights fall back to the inventors. Faculty also retain the IP in “free” inventions outside their work for the university (e.g., those resulting from consulting). Moreover, if research is sponsored fully or in part by external parties, these can negotiate the ownership of the patent rights. Accordingly, the German ownership system of university patents has been categorized as a “hybrid” system (Geuna and Rossi, 2011). The legal reform was part of what the German federal government called its Verwertungsoffensive (“exploitation offensive”). In this initiative policy makers also supported the establishment of 21 regional Patentverwertungsagenturen (patent exploitation agencies; PVAs) to enhance the technology transfer process. Each PVA assists the TTOs of the regional universities in their patenting and commercialization activities (BMBF, 2001). Already some years before, in 1998, the federal government had begun to support entrepreneurial activities out of universities in the EXIST program. Since then, many universities have stepped up their support of faculty and student entrepreneurship, often with substantial financial support from EXIST. The Verwertungsoffensive was initiated against the backdrop of tight public budgets, which have also affected the funding of public universities. As institutional funding has declined in real terms, universities have been forced to increase the share of program-based funding in their budgets (Schubert and Schmoch, 2010). In addition, policy makers have made substantial efforts to increase the university-level competition for academic reputation. In 7 2005 the federal government started the Exzellenzinitiative (“initiative for excellence”), a paradigm change in that German policy makers for the first time openly endorsed uneven university funding based on competitive principles (Kehm, 2006). In the first two rounds funded with 1.9 billion euros for the time period 2006 to 2012, a national contest was organized in which universities submitted proposals for graduate schools, topical or disciplinary centers of excellence, and also strategic concepts for the entire university. Among all submitted proposals, 39 graduate schools, 37 centers of excellence and nine universitylevel strategies were chosen for funding. 4 Data 4.1 Sample University patenting leaves an imperfect paper trail. University-owned patents are easy to find in patent databases. Identifying university-invented patents is more difficult, as it requires the identification of university researchers among all inventors of patented inventions. Over the past years, researchers have tried to solve this problem for a number of European countries (e.g., Saragossi and van Pottelsberghe de la Potterie, 2003; Lissoni et al., 2008, 2009; von Proff et al., 2012; Sterzi, 2012). However, the systematic identification of university-invented patents requires access to a complete listing of potential academic inventors and engagement in the “name game”, a difficult task especially in large countries. Prior research on Germany has worked around these problems by searching for the professor title in patent databases (e.g., Schmoch, 2007; Czarnitzki et al., 2007, 2012; von Proff et al., 2012). It is not clear how many university-invented patents are missed by this procedure, and how many non-university-invented patents erroneously enter the sample (for example, because high-level R&D staff of industrial firms hold honorary professorships and use their title in patent applications). Furthermore, the overall patent portfolio of individual universities cannot be identified reliably, which frustrates comparisons between universities. 8 In this study, we adopt the approach previously used for other European countries and systematically match professor names with inventor names in German patent data. Our dataset is based on patent applications recorded in the PatStat database (version April 2010) provided by the EPO. We matched information from PatStat to a list of professor names based on Kürschners Gelehrtenkalender, a commercial directory of university researchers published regularly since 1923. The matching and filtering algorithms are described in detail in S1. Our final sample includes 665 professors listed as inventors in 2006-07 patent applications.1 Of these, 60.8% have a single patent, 20% have two patents, 9.3% have three patents, and 10.1% are listed on four or more patents in the two years under investigation. 29.9% of all patenting professors are active in engineering, 26.3% in medicine, 11.1% in biochemistry, 12.5% in chemistry, 9.9% in physics, 5.1% in physical and technical chemistry, and 3.9% in pharmacy. In total, the dataset contains 1,167 priority patents applied for in 200607.2 Due to various exclusions (e.g., honorary professors; see S1 for more details), we consider this number as a conservative, lower-bound estimate of the patenting activities of German university professors in these years. Of the 1,167 patents in the dataset, 691 (59.2%) are university-owned and 476 (40.8%) are university-invented.3 4.2 Variables Dependent variable: Our econometric analysis focuses on ownership types rather than absolute numbers of university patents, which reflect differences in university size or research specializations. The dependent variable takes the value one when a patent is (co-)owned by 1 We restricted the dataset to the period 2006-07 to be able to control for forward citations and to make sure that the sample falls in a period in which the legal reform is implemented. 2 133 professors affiliated with the same university have co-invented 91 patents. To avoid double counting we keep only distinct university-patent pairs. 3 A closer look at ownership types within the category of university-owned and -invented patents is given in S2. 9 the university employing the identified inventor. This broad empirical conception of university ownership reflects the theoretical focus of the present study, as we are primarily interested in the characteristics of patents involving the university as an owner (indicating that the university has exercised its ownership rights). Independent variables: Patent characteristics: We use a number of standard measures of patent characteristics retrieved from PatStat. In addition to dummy variables distinguishing broad technological fields (instruments, chemistry, mechanical engineering – electrical engineering and others is the omitted reference category), the following indicators have been calculated for each patent: EP/PCT: A dummy variable denotes patents filed at the EPO or under PCT. Patent scope: Following Lerner (1994), the number of distinct industry classes (at the 4digit level) is used to proxy for the complexity of an invention (Harhoff and Wagner, 2009).4 Number of backward citations: We use the number of backward references as a measure of how incremental a patent is. The larger the number of backward citations the more incremental (less basic) is a patent (Thursby and Thursby, 2011).5 Number of forward citations (over a three-year window): Forward citations are commonly used as a proxy of patent importance. We extracted three years’ forward citations from the PatStat Version 2011. As our sample relates to only two years (2006-07), truncation problems are of limited relevance. 4 The number of claims (total or per backward citation) could alternatively be used (Harhoff et al., 2003), but it reflects idiosyncratic decisions by the author of the patent application (Reitzig, 2004). 5 The share of X and Y backward citations has been used as a complementary proxy for the inventive step of the invention (Czarnitzki et al., 2012). As a robustness check we used the number of X and Y citations instead of the overall number of backward citations. The same was done for forward citations, for which the share of X and Y citations indicates a patent’s blocking potential (cf. Hall and Harhoff, 2001; Guellec et al., 2008). In both cases this led to similar results as those reported here (available upon request). 10 Proximity to basic research: The number of references to non-patent literature, mostly articles in scientific journals, is used as a proxy for patents’ proximity to basic research. Number of inventors: The number of inventors is used as a proxy for the size of the research team. University characteristics: A first set of variables captures structural characteristics of the inventors’ employer universities. In particular, we include the (ln) number of students (as provided by the Federal Office of Statistics), (ln) university age (2006), as well as a dummy indicating the presence of a medical school. Several variables help characterize universities in terms of their technology transfer experience and orientation. Universities’ patenting experience: We use the (ln) number of applications filed by the university prior to 2006 as a proxy of universities’ and TTOs’ experience in patenting, which may give rise to learning effects (Baldini et al., 2006). The number is based on our own calculations using PatStat. Age of patent exploitation agencies (PVAen): We obtained detailed information from a web survey about the age of the regional PVA responsible for the respective university and formed three categories of PVA age: <5 years (omitted reference category), 5-10 years, and above. Reorganizations were treated as continuations of the existing organizations, but the clock was set at zero for newly established PVAs taking over patent management from other agencies. University-industry ties: We use the share of industrial research funding per total research funding, provided by the Federal Office of Statistics, as a proxy for the intensity of universityindustry relations. Finally, a variety of indicators is used to measure universities’ performance in different realms as well as their responsiveness to the policy environment. 11 DFG funding: The 2005-2007 university rankings of Deutsche Forschungsgemeinschaft (DFG) were used to construct a proxy of universities’ strength in basic research. DFG funding is allocated on the basis of researcher and proposal quality. Both individuals and consortia of varying size can apply for DFG funds. We use the inverse rank to have larger values indicate better performance. Exzellenzinitiative: A dummy variable indicates universities that successfully competed in one of the three lines of the 2006 round of this initiative. Compared to DFG funding, successful participation in the Exzellenzinitiative required more effort at the organizational level, whereas individual researchers were limited in their potential contribution to success. Accordingly, this variable is interpreted not only as a measure of research performance, but also of universities’ policy responsiveness. Publication ranking: A third quality measure is based on the SIR (Scimago Institutions Rankings) world report 2012 which analyzes the period 2006-2010. Specifically, we use the indicator for high quality publications6 as a proxy for scientific impact of a university. As opposed to the Exzellenzinitiative, organization-level activities only indirectly affect the publication performance of universities’ researchers. Entrepreneurial orientation: Yet another ranking is utilized to proxy for the entrepreneurial orientation of a university. Schmude and Heumann (2007) analyzed eight dimensions of entrepreneurial orientation for 65 universities in Germany. A dummy variable denotes the top 10 universities in this ranking.7 “Ratio of publications that an institution publishes in the most influential scholarly journals of the world; those ranked in the first quartile (25%) in their categories as ordered by SCImago Journal Rank SJR indicator” (SCImago Research Group, 2012). 6 7 Ranking outcomes are available for all but two (publication ranking) and five (entrepreneurial orientation) universities. 12 5 Results 5.1 Descriptive statistics Individual universities (NTU=17, NGU=44) strongly differ in the extent to which they own the patents resulting from the inventions made by their faculty (cf. S3). This supports the proposition that university characteristics are associated with patent ownership.8 Table 1 provides descriptive statistics (tests on the mean differences are reported in S4). Consistent with their organizational histories, TUs seem to be more transfer-oriented than GUs. Prior to 2006, the average TU had more than twice as many university-owned patents as the GU average. GU patents on average have broader scope and are more basic (measured by the number of backward citations and non-patent-literature references). Interestingly, the share of industrial third party funding is higher for GUs than for TUs, which in part reflects better performance of TUs in the DFG ranking (implying a smaller share of industrial funding for any given level). TUs outperform their counterparts in two performance indicators (Exzellenzinitiative and entrepreneurial orientation), while GUs perform better in the publication ranking. [Insert Table 1 around here] Turning to differences between university-owned and -invented patents, we find that the latter, on average, receive more forward citations, cite less non-patent references, and list more inventors. Universities with more patenting experience, as well as larger and older ones, 8 One worrisome explanation for this difference would be that firm ownership results from successful sales of university-owned patents. Patent sales can be identified through commercial databases identifying the original applicant of the patent. In our sample 21 university-invented patents were sold until 2011. However, only two of these patents were originally applied for by a university. 13 seem to have a higher likelihood of university ownership. The same holds for universities that successfully participated in the Exzellenzinitiative. S5-7 provide the correlation matrix for the full sample as well as for the two university types. For GUs correlations between the independent variables are generally low, except for the correlation between DFG ranking and success in the Exzellenzinitiative. In contrast, the performance indicators for TUs are quite strongly correlated, which induces us to enter these indicators separately in the econometric model. 5.2 Probit estimations of university ownership To analyze determinants of patent ownership, we estimated Probit models specified at the level of individual patents, comparing university-owned patents to all other forms of ownership for the full sample as well as for each university type. We report marginal effects at the mean. Unobserved heterogeneity across groups prevents the simple comparison of effects in nonlinear models (Allison, 1999; Hoetker, 2007). Long (2009) proposes using predicted probabilities as they are not scaled by residual variation. To see how the key variables in our analysis affect ownership patterns of university patents, and to what extent this differs between TUs and GUs, we calculate predicted probabilities for individual variations of each variable, keeping all other variables at their mean. (Detailed results can be found in S8.) [Insert Table 2 around here] Models 1-4 (Table 2) differ in the included measures of university performance, but are identical otherwise. In the following we will first discuss the results for the full sample before we turn to differences between GUs and TUs. 14 With respect to patent characteristics, we find for the full sample that forward citations and proximity to basic research enter significantly in the regression. The results indicate that less important and more “scientific” patents are more likely to be university owned. Patents with more inventors are less likely to be university-owned, possibly because the likelihood of nonacademic co-inventors increases with the overall number of inventors. Turning to universitylevel determinants, university age and size are positively associated with the likelihood of university ownership, whereas the presence of a medical school and PVA age reduce this likelihood. We find weak evidence (significant only in Model 2) that the more dependent the university is on industry funding (university-industry ties), the lower the likelihood of university ownership. Contrary to expectations, universities’ patenting experience seems to have no influence on the likelihood of university ownership. In Models 1-4, various dimensions of university performance are alternatively proxied by (inverse) ranks in DFG funding (Model 1), successful participation in the Exzellenzinitiative (Model 2), publication quality according to SRI publication ranking (Model 3), and entrepreneurial orientation as measured by Schmude and Heumann (2007) (Model 4). The strongest association is obtained between university ownership and success in the Exzellenzinitiative. This association is significantly positive for the full sample. In contrast, we find a negative association between patent ownership and performance in the publication rankings (Model 3). Ranks in DFG funding and entrepreneurial orientation do not enter the regression significantly. The variable denoting patents from technical universities is insignificant in three of the four models, indicating no systematic difference in the likelihood of university ownership between TUs and GUs after controlling for patent- or organization-related factors. It is conceivable, though, that these factors differently affect the likelihood of university ownership for TUs and GUs. To test this conjecture, we split the sample by university type and re-estimate Models 1-4. 15 In all models we find that university-owned patents from GUs have fewer backward and forward citations. (Marginal effects are significant at the 5% or 10% level.) This result indicates that, in line with the findings of Thursby et al. (2009), GU-owned patents are on average more basic and less important than GU-invented patents. No such differences are found for TU patents. At the same time, only university-owned patents from GUs cite more non-patent literature than those with other owners, suggesting they have a lower commercialization potential. University size and age are associated with a higher likelihood of university ownership for GUs only. For TUs, university age is associated negatively with patent ownership, whereas patenting experience increases their likelihood of university ownership. To explore these differences in more detail, we turn to the predicted probabilities (Long, 2009) presented in S8. Predicted probabilities suggest that, holding all other variables constant, TUs have a higher likelihood of owning patents. The predicted differences between university types are often substantial even though, similar to the findings for the indicator of TUs in the full sample, they are mostly not or only weakly significant. We furthermore find some differences in how patent and university characteristics relate to the likelihood of patents being owned by either type of university. GU patents that are cited once have a 3.5 percentage points lower predicted probability of being university-owned than non-cited ones. Raising the number of backward citations from zero to five likewise lowers the likelihood of university ownership by 4 percentage points for GU patents. In contrast, for TU patents, increasing numbers of forward or backward citations leave the predicted probabilities virtually unchanged. Ceteris paribus, the difference in predicted probabilities between both types of universities turns (weakly) significant when at least one patent cites the patent in question or the patent itself cites at least five documents. The difference in predicted probabilities with regard to proximity to basic research turns out to be (weakly) significant, while differences in university age are not. Moreover, the (significant) difference in predicted 16 probabilities between both types of universities gets larger as they accumulate patenting experience. Turning to performance indicators, a significant positive association of university ownership with successful participation in the Exzellenzinitiative is found only for the TUs, whereas publication performance is negatively related to university ownership only for the GUs. The difference in predicted probabilities is significant and larger for successful participants in the Exzellenzinitiative. For TUs, success in the Exzellenzinitiative is associated with an about five percentage point higher predicted probability of university ownership. Similar but less reliable results are obtained for DFG funding. In contrast, with regard to publication rankings the difference in predicted probabilities is not significant and varies little for changes in the quality of universities’ publication output. Further differences between the university types emerge from Model 4 analyzing support for entrepreneurship. Point estimates of the marginal effects differ in sign, and the (weakly) significant difference in predicted probabilities is larger for universities performing well in the ranking. The latter is due both to an increased likelihood of university ownership among successful TUs and a decreased likelihood in the case of successful GUs. 6 Discussion and conclusion This paper presented an analysis of ownership patterns of German university patents using data from the time period after the professors’ privilege was abolished in 2002. We found that about 60% of all patents in the sample are university-owned, which indicates relatively quick adaptation to the new legal framework. We also found that the share of university-owned patents varies strongly across universities, suggesting the importance of university-level factors in shaping patterns of patent ownership. This brings us back to the question asked in the introduction: Are large shares of university-owned patents characteristic of capable universities with well-established transfer facilities? 17 Our results indicate that the answer may vary between (types of) universities. While we find little evidence of systematic differences in the propensity of the two types of universities to own inventions made by their faculty and staff, TUs and GUs differ in how organizational and patent characteristics relate to ownership patterns. Similar to what Thursby et al. (2009) found for the U.S., GU-owned patents seem to be more basic (as well as “scientific”) and at the same time less important than GU-invented patents, indicating that GUs end up owning those patents that are more difficult to commercialize. In contrast, characteristics of TUowned patents are very similar to those of TU-invented patents, and shares of TU-owned patents increase with patenting experience. Within the group of TUs, larger shares of university-owned patents are associated with better performance in the Exzellenzinitiative. We also found that the predicted probability of patent ownership tends to be higher for TUs with stronger support for entrepreneurship, while the opposite seems to hold in the case of GUs. A possible interpretation of these patterns is that TUs, with their longer history of privatesector interaction, find it easier to acquire the IP in faculty inventions, without having to settle for the commercially less attractive patents. One factor underlying these differences may be that technology transfer and commercialization activities are more easily squared with the organizational identities (Hannan et al., 2006) of TUs. In contrast, that larger shares of GUowned patents are not systematically associated with better patenting performance, research performance or support for entrepreneurship could be interpreted as outcomes of isomorphic tendencies (DiMaggio and Powell, 1983; Baldini et al., 2006), in which organizations emulate activities of other successful organizations to enhance their own legitimacy. Further research will be required to test the validity of these conjectures and to generate more conclusive results. However, notwithstanding the limitations of the above analysis, in light of our findings it seems highly problematic to use university-owned patents as a university-level indicator of successful technology transfer (as some practitioners and policy makers do). Not only does this neglect other university-invented patents. It also masks the 18 fact–which finds support in the heterogeneity characterizing the above empirical results–that different views are possible about how university ownership of patents relates to university performance in technology transfer. 19 Tables Table 1: Descriptive Statistics Full sample EP/PCT (d) Patent scope # of backward citations # of forward citations Proximity to basic research # of inventors university age # of students Patenting experience Presence of medical school (d) PVA age <5 (d) PVA age >5 & <10 (d) PVA age >10 (d) University-industry ties DFG funding Exzellenzinitiative (d) Publication ranking Entrepreneurial orientation (d) Notes: (d) indicates a dummy variable. (N = 1,167) Mean Std. Dev. 0.19 0.39 1.84 1.04 3.82 4.55 0.32 0.86 4.22 10.57 3.72 1.96 240.68 191.68 22,210.38 9,956.65 202.49 239.82 0.64 0.48 0.19 0.39 0.56 0.50 0.25 0.44 0.73 0.11 0.11 0.20 0.44 0.50 53.05 7.63 0.19 0.39 University patents of GUs University patents of TUs University-owned patents (N = 723) Mean Std. Dev. 0.24 0.43 1.91 1.07 3.59 4.65 0.30 0.87 5.61 12.75 3.68 1.95 286.79 227.61 23,672.08 9,475.42 130.17 119.98 0.80 0.40 0.23 0.42 0.55 0.50 0.22 0.42 0.76 0.10 0.07 0.09 0.41 0.49 57.14 6.05 0.11 0.31 (N = 444) Mean Std. Dev. 0.10 0.30 1.73 0.98 4.20 4.35 0.36 0.84 1.95 4.56 3.77 1.98 165.60 56.12 19,830.17 10,268.10 320.26 324.77 0.39 0.49 0.11 0.32 0.58 0.49 0.30 0.46 0.69 0.11 0.16 0.30 0.48 0.50 46.39 4.67 0.33 0.47 (N = 690) Mean Std. Dev. 0.16 0.37 1.87 1.00 3.66 3.98 0.28 0.73 4.82 11.08 3.53 1.75 251.81 193.28 23082.51 9,958.43 218.03 257.68 0.64 0.48 0.20 0.40 0.57 0.50 0.23 0.42 0.73 0.11 0.11 0.20 0.49 0.50 53.04 8.00 0.20 0.40 University-invented patents (N = 477) Mean Std. Dev. 0.23 0.42 1.79 1.09 4.06 5.25 0.39 1.01 3.35 9.73 3.99 2.21 224.58 188.38 20948.79 9,828.23 180.01 209.55 0.65 0.48 0.16 0.37 0.55 0.50 0.29 0.46 0.74 0.10 0.10 0.20 0.35 0.48 53.06 7.08 0.18 0.39 20 Table 2: Estimates university-owned vs. university-invented patents (Probit; marginal effects) Full sample Marginal SE Effects -0.084 0.074 0.015 0.064 0.060 0.069 0.036 0.073 -0.157*** 0.059 0.007 0.015 -0.006 0.004 -0.029* 0.016 0.006*** 0.002 -0.035*** 0.010 -0.193*** 0.060 0.053** 0.022 0.129** 0.052 0.011 0.042 -0.127* 0.076 -0.213*** 0.082 -0.430 0.334 0.135 0.089 Model 1 GU Marginal SE Effects TU Marginal SE Effects Technical university (d) Instruments (d) 0.051 0.080 0.018 0.097 Chemistry (d) 0.170* 0.092 -0.126 0.107 Mechanical engineering (d) 0.142 0.127 -0.056 0.073 EP/PCT (d) -0.134** 0.066 -0.254** 0.116 Patent scope -0.012 0.017 0.030 0.037 # of backward citations -0.010** 0.005 0.000 0.005 # of forward citations -0.045* 0.024 -0.012 0.028 Proximity to basic research 0.005** 0.002 0.006 0.008 # of inventors -0.034*** 0.012 -0.032** 0.015 Presence of medical school (d) -0.271*** 0.056 -0.243* 0.132 university age 0.070*** 0.017 -0.125*** 0.038 # of students 0.130* 0.068 0.049 0.051 Patenting experience -0.038 0.043 0.141** 0.058 PVA age >5 & <10 (d) -0.151* 0.087 -0.138** 0.059 PVA age >10 (d) -0.125 0.107 -0.310*** 0.086 University-industry ties -0.381 0.387 -0.497 0.348 1/DFG ranking 0.317 0.428 0.210* 0.108 Exzellenzinitiative (d) Publication ranking Entrepreneurial orientation (d) Observations 1,167 723 444 Number of cluster 61 44 17 Log likelihood -734.22 -432.76 -272.22 Prob>Chi2 0.000 0.000 0.000 McFadden's Pseudo R2 0.070 0.111 0.099 Notes: *** p<0.01, ** p<0.05, * p<0.1; Standard errors (SE) are clustered on university level. Full sample Marginal SE Effects -0.077 0.055 0.021 0.066 0.063 0.073 0.048 0.074 -0.163*** 0.060 0.007 0.016 -0.006 0.004 -0.028* 0.016 0.006*** 0.002 -0.035*** 0.009 -0.168*** 0.053 0.052*** 0.019 0.098** 0.050 -0.014 0.036 -0.119* 0.071 -0.174** 0.079 -0.586* 0.326 0.134*** 1,167 61 -729.01 0.000 0.076 0.050 Model 2 GU Marginal SE Effects TU Marginal Effects 0.064 0.183** 0.151 -0.134** -0.012 -0.010** -0.044* 0.005** -0.033*** -0.266*** 0.070*** 0.136** -0.039 -0.156* -0.112 -0.435 0.081 0.090 0.124 0.065 0.017 0.005 0.023 0.002 0.012 0.064 0.018 0.061 0.044 0.082 0.106 0.393 0.009 -0.130 -0.048 -0.256** 0.030 -0.001 -0.009 0.006 -0.030** -0.249*** -0.116*** 0.011 0.081*** -0.105 -0.240*** -0.627*** 0.091 0.104 0.073 0.116 0.036 0.005 0.029 0.008 0.015 0.069 0.041 0.036 0.029 0.071 0.074 0.207 0.052 0.067 0.231*** 0.055 723 44 -432.83 0.000 0.111 SE 444 17 -270.49 0.000 0.105 21 Table 2: continued Full sample Marginal SE Effects -0.129* 0.073 0.004 0.063 0.059 0.066 0.014 0.076 -0.145** 0.059 0.010 0.015 -0.006 0.004 -0.031** 0.016 0.006*** 0.002 -0.038*** 0.009 -0.134** 0.053 0.062*** 0.024 0.170*** 0.053 0.007 0.040 -0.136* 0.074 -0.211** 0.085 -0.332 0.327 Model 3 GU Marginal SE Effects TU Marginal SE Effects Technical university (d) Instruments (d) 0.036 0.076 0.026 0.100 Chemistry (d) 0.164* 0.085 -0.115 0.100 Mechanical engineering (d) 0.092 0.146 -0.054 0.076 EP/PCT (d) -0.113* 0.064 -0.253** 0.116 Patent scope -0.010 0.017 0.034 0.036 # of backward citations -0.011** 0.005 0.000 0.005 # of forward citations -0.051** 0.023 -0.009 0.029 Proximity to basic research 0.006*** 0.002 0.006 0.008 # of inventors -0.039*** 0.011 -0.032** 0.015 Presence of medical school (d) -0.248*** 0.049 -0.046 0.105 university age 0.082*** 0.017 -0.097*** 0.036 # of students 0.206*** 0.065 0.074 0.058 Patenting experience -0.032 0.043 0.087*** 0.033 PVA age >5 & <10 (d) -0.191** 0.075 -0.106* 0.061 PVA age >10 (d) -0.108 0.118 -0.242*** 0.076 University-industry ties -0.203 0.339 -0.502 0.348 1/DFG ranking Exzellenzinitiative (d) Publication ranking -0.010** 0.005 -0.015*** 0.005 -0.011 0.010 Entrepreneurial orientation (d) Observations 1,167 723 444 Number of cluster 61 44 17 Log likelihood -731.42 -427.25 -272.79 Prob>Chi2 0.000 0.000 0.000 McFadden's Pseudo R2 0.073 0.123 0.097 Notes: *** p<0.01, ** p<0.05, * p<0.1; Standard errors (SE) are clustered on university level. Full sample Marginal SE Effects -0.072 0.063 0.015 0.061 0.059 0.067 0.037 0.072 -0.155*** 0.059 0.009 0.015 -0.006 0.004 -0.030* 0.016 0.006*** 0.002 -0.035*** 0.009 -0.193*** 0.057 0.073*** 0.028 0.129** 0.053 -0.011 0.039 -0.113 0.080 -0.200** 0.088 -0.345 0.350 0.091 0.077 1,167 61 -734.15 0.000 0.070 Model 4 GU Marginal SE Effects TU Marginal SE Effects 0.055 0.174* 0.141 -0.129** -0.012 -0.010** -0.044* 0.005** -0.034*** -0.279*** 0.071** 0.153** -0.035 -0.166* -0.123 -0.359 0.036 -0.108 -0.039 -0.252** 0.035 0.000 -0.011 0.006 -0.031** -0.115 -0.102** 0.056 0.080* -0.100 -0.251** -0.522* 0.080 0.092 0.129 0.065 0.017 0.005 0.023 0.002 0.012 0.058 0.033 0.066 0.044 0.086 0.111 0.410 -0.011 0.125 723 44 -433.41 0.000 0.110 0.092 0.100 0.073 0.115 0.037 0.005 0.028 0.008 0.015 0.100 0.047 0.048 0.046 0.096 0.100 0.317 0.018 0.105 444 17 -273.38 0.000 0.095 22 Acknowledgements The authors are grateful for comments received from the participants at the Name Game Workshops in Brussels and Leuven as well as at the EPIP conference in Leuven. Financial support by the European Science Foundation (project ESF-APE-INV) is gratefully acknowledged. References Allison, P. D. (1999): Comparing logit and probit coefficients across groups. Sociological Methods Research, 28(2): 186-208. Baldini, N., Grimaldi, R., Sobrero, M. (2006): Institutional changes and the commercialization of academic knowledge: A study of Italian universities’ patenting activities between 1965 and 2002. Research Policy, 35(4): 518-532. BMBF (Bundesministerium für Bildung und Forschung) (2001): Knowledge creates markets: Action scheme of the German Goverment, Bonn. Cohen, W. M., Nelson, R. R., Walsh, J. P. (2002): Links and impacts: The influence of public research on industrial R&D. Management Science, 48(1): 1-23. Crespi, G., Geuna, A., Verspagen, B. (2006): University IPRs and knowledge transfer. Is the IPR ownership model more efficient? PRU Electronic Working Paper Series 154, University of Sussex, SPRU - Science and Technology Policy Research. Czarnitzki, D., Glänzel, W., Hussinger, K. (2007): Patent and publication activities of German professors: An empirical assessment of their co-activity. Research Evaluation, 16(4): 311-319. Czarnitzki, D., Hussinger, K. , Schneider, C. (2012): The nexus between science and industry: evidence from faculty inventions. Journal of Technology Transfer, 37(5): 755-776. Della Malva, A., Lissoni, F., Llerena, P. (2013): Institutional change and academic patenting: French universities and the Innovation Act of the 1999. Journal of Evolutionary Economics, 23: 211-239. 23 DiMaggio, P.J., Powell, W.W. (1983): The iron cage revisited: Institutional isomorphism and collective rationality in organizational fields. American Sociological Review, 48(2): 147-160. Dosi, G., Llerena, P., Sylos Labini, M. (2006): The relationships between science, technologies and their industrial exploitation: An illustration through the myths and realities of the so-called ‘European Paradox’. Research Policy, 35(10): 1450-1464. Etzkowitz, H., Leydesdorff, L. (2000): The dynamics of innovation: from national systems and ‘‘mode 2’’ to a triple helix of university–industry–government relations. Research Policy, 29(2): 109-123. Frietsch, R., Schmoch, U., Neuhäusler, P., Rothengatter, O. (2011): Patent applications – Structures, trends and recent developments. Studien zum deutschen Innovationssystem, No. 92011. Fraunhofer Institut für System- und Innovationsforschung, Karlsruhe. Geuna, A., Rossi, F. (2011): Changes to university IPR regulations in Europe and the impact on academic patenting. Research Policy, 40(8): 1068-1076. Guellec, D., Martinez, C., Zuniga, P. (2008). More exclusion than invention: Blocking patents at work. Mimeo: OECD. Hall, B. H., Harhoff, D. (2001). Intellectual property strategy in the global cosmetics industry: A soap opera. Mimeo: University of Munich. Hannan, M. T., Baron, J. N., Hsu, G., Kocak, Ö. (2006): Organizational identities and the hazard of change. Industrial and Corporate Change, 15(5): 755-784. Harhoff, D., Scherer, F. M., Vopel, K. (2003): Citations, family size, opposition and the value of patent rights. Research Policy, 32(8): 1343-1363. Harhoff, D., Wagner, S. (2009): The duration of patent examination at the European Patent Office. Management Science, 55(12): 1969-1984. Hoetker, G. (2007): The use of logit and probit models in strategic management research: Critical issues. Strategic Management Journal, 28(4): 331-343. 24 Kehm, B. (2006): The German "Initiative for Excellence" and the issue of ranking. International Higher Education, 44: 20-22. Kenney, M., Patton, D. (2009): Reconsidering the Bayh-Dole Act and the current university invention ownership model. Research Policy, 38(9): 1407-1422. Kenney, M., Patton, D. (2011): Does inventor ownership encourage university research-derived entrepreneurship? A six university comparison. Research Policy, 40(8): 1100-1112. König, W. (1996): Science-based industry or industry-based science? Electrical engineering in Germany before World War I. Technology and Culture, 37(1): 70-101. Lerner, J. (1994): The importance of patent scope: An empirical analysis. The RAND Journal of Economics, 25(2): 319-333. Lissoni, F., Llerena, P., McKelvey, M., Sanditov, B. (2008): Academic patenting in Europe: New evidence from the KEINS database. Research Evaluation, 17(2): 87-102. Lissoni, F., Lotz, P., Schovsbo, J., Treccani, A. (2009): Academic patenting and the professor's privilege: Evidence on Denmark from the KEINS database. Science and Public Policy, 36(8): 595-607. Lissoni, F.; Pezzoni, M.; Poti, B.; Romagnosi, S. (2013): University autonomy, IP legislation and academic patenting: Italy, 1996‐2007. Cahiers du GREThA 2012-26, Groupe de Recherche en Economie Théorique et Appliquée. Long, J. S. (2009): Group comparisons in logit and probit using predicted probabilities. Mimeo: Indiana University. Mowery, D. C., Sampat, B. N. (2005): The Bayh-Dole Act of 1980 and university–industry technology transfer: A model for other OECD governments? The Journal of Technology Transfer, 30(1): 115-127. 25 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. OECD (2003): Turning Science into Business: Patenting and Licensing at Public Research Organisations. OECD Publishing. Reitzig, M. (2004): The private values of 'thickets' and 'fences': Towards an updated picture of the use of patents across industries. Economics of Innovation & New Technology, 13(5): 457-476. Saragossi, S., van Pottelsberghe de la Potterie, B. (2003): What patent data reveal about universities: The case of Belgium. Journal of Technology Transfer, 28(1): 47-51. Schmoch, U. (2007): Patentanmeldungen aus deutschen Hochschulen. Studien zum deutschen Innovationssystem, No. 10-2007. Fraunhofer Institut für System- und Innovationsforschung, Karlsruhe. Schmude, J., Heumann, S. (2007): Vom Studenten zum Unternehmer: Welche Universität bietet die besten Chancen? Düsseldorf: Handelsblatt Verlag. Schubert, T., Schmoch, U. (2010): Finanzierung der Hochschulforschung, in: Knie, A., Simon, D., Hornbostel, S. (eds.): Handbuch Wissenschaftspolitik, Wiesbaden: VS Verlag für Sozialwissenschaften: 244-261. Sterzi, V. (2013): Patent quality and ownership: An analysis of UK faculty patenting. Research Policy, 42(2): 564-576. SCImago Research Group (2012): http://www.scimagoir.com/pdf/sir_2012_world_report.pdf, viewed April 17, 2013. Stokes, D. E. (1997): Pasteur’s Quadrant. Basic science and technological innovation. Washington D.C.: Brookings Institution Press. Thursby, J., Fuller, A. W., Thursby, M. (2009): US faculty patenting: Inside and outside the university. Research Policy, 38(1): 14-25. 26 Thursby, J. G., Thursby, M. C. (2011): Has the Bayh-Dole Act compromised basic research? Research Policy, 40(8): 1077-1083. von Proff, S., Buenstorf, G., Hummel, M. (2012): University patenting in Germany before and after 2002: What role did the professors' privilege play? Industry and Innovation, 19(1): 23-44. 27 When do universities own their patents? An explorative study of patent characteristics and organizational determinants in Germany -Supplementary Material- Anja Schoen, Guido Buenstorf Version: June 2013 Supplement 1: Creation of the dataset9 To create a dataset of university patents we used two data sources: 1. the PatStat database (the European Patent Office (EPO) Worldwide Patent Statistic Database, version April 2010) provided by the EPO; 2. a list of professor names from Kürschners Gelehrtenkalender, a commercial directory of university researchers published regularly since 1923. (The print version is currently in its 23rd edition.) The latter records individual researchers after they completed their Habilitation (the academic degree traditionally required to be named professor in Germany) or when they assume a professorship at a research university. Retired professors remain listed as long as they are alive. We obtained from the publisher a dataset encompassing the subset of entries for all researchers working at German universities as of April 2010, a total of 45,307 entries. To minimize homonym problems in the identification of academic inventors, we restricted the list of professor names to those 9 The matching and filtering processes as well as concomitant methodology issues are discussed in greater detail in Schoen et al. (2013). 28 professors working in disciplines with a high expected patenting propensity (specifically, biology, chemistry, engineering, medicine, (unspecified) natural sciences, pharmaceutics, physics, and physical and technical chemistry). The PatStat database contains information on more than 28 million inventors.10 Again to minimize homonym problems, we excluded inventors based on the following criteria: 1. inventors` addresses outside Germany (inventors with no specified country are included); 2. inventors without a specified country and a different name11 than inventors with an address in Germany; 3. inventors with no patent application in 2006 and 2007. These restrictions leave us with a list of 16,046 professor names and 369,284 inventor names. We then applied a matching algorithm (described in Schoen et al. (2013) in more detail) consisting of the following procedures (depicted in Figure 1). Step 1: Cleaning of the database Step 2: Name comparison: Comparison of professor and inventor names to obtain groups of inventor names for each professor that are potentially identical (inventor “name group(s)” per professor). The comparison is based on the simple string matching algorithm, the 2gram algorithm, and the Jaccard similarity coefficient. Step 3: Inventor-inventor filtering: Comparison of the inventors within the “name group” and assignment of a unique id to inventors considered to be identical. Step 4: Professor-inventor filtering: Comparison of each professor with each inventor (group). 10 The PatStat database is not harmonized; consequently, this number does not refer to individuals. 11 Identical names are identified by PatStat’s doc_std_name_id. 29 Figure 1: Overview of matching and filtering process 3.step: inventorinventor filtering professor A matched to inventor 1-5 inventor 1 and 2 as well as 3 and 4 are identical inventor 1 ALBER TO EINSTEIN inventor 2 ALBER TO F EINSTEIN ALBER TO F EINSTEIN inventor 3 ALEBR T EINSTEIN inventor 4 A EINSTEIN inventor 5 ALBER T EINSTEINS Source: Schoen et al. (2013) inventor 3 ALEBR T EINSTEIN inventor 4 A EINSTEIN inventor 5 ALBER T EINSTEINS 1. step: cleaning inventor 1 ALBER TO EINSTEIN inventor 2 Prof. A "ALEBRT EINSTEIN" 4. step: professorinventor filtering professor A is matched to unique inventor b (inventor 3 and 4) uniqu e inventor a uniqu e inventor a uniqu e inventor b uniqu e inventor b uniqu e inventor c uniqu e inventor c / 5. step: manual control 2. step: name comparison Prof. A "ALBERT EINSTEIN" / Through this procedure we are able to identify 8,076 inventors matched to 1,647 professors. After limiting the dataset to priority patents12 applied in 2006 or 2007 independently of the receiving patent office, the identified professor-inventor matches (1,259 professors, 2,157 inventors) were manually controlled (step 5). Again this involved several steps: 1. We manually controlled if the identified professor-inventors are correctly listed in the professor names list. We excluded 277 professors matched to 450 inventors based on the following criteria : 12 Priority patent is the first patent describing the invention. We count all priority patents independently of the receiving patent office (see de Rassenfosse et al. 2013a, b for a detailed discussion on the worldwide count of priority patents). 30 a. person below the rank of professor (including Lecturers (Privatdozenten)); b. professors affiliated with an university and a public research organization simultaneously; c. retired professors; d. individuals who are not full-time employees of German research universities, mostly Honorarprofessoren and physicians employed at university-affiliated Lehrkrankenhäuser. 2. We manually checked the names of professors and the matched inventors. This step excluded 14 professors matched to 333 inventors. 3. We checked manually all professor-patent pairs. The dataset was reduced by 288 professors and 583 inventors. Criteria applied to this manual check were: a. fit of patent title and professor’s research field; b. overlap of co-inventor(s) and co-author(s); c. all patents of the respective professor were applied for by a single company and professor’s research field does not fit the content of the patent application (in this case the professorinventor pair was dropped from the dataset because the inventor is likely to be employed at this company). The complete dataset contains 628 professors with 1,167 priority applications worldwide in 2006 and 2007. 31 Supplement 2: Ownership types A closer look at ownership types within the category of university-owned patents reveals that 167 patents are co-owned by the university and another party/other parties (cf. Table 1). To a large extent (45% for both types, 45% for TUs), co-owned patents are applied for by a university and a company; another 42 patents (25% for both types, 33% for TUs) are owned by a university and a PRO. Table 1: Ownership categorization of co-owned patents with university participation, N=167 (NTU=42) Company PRO Individua l Foreign university Company 75 (19) PRO 5 (2) 42 (14) Individual 1 (0) 1 (0) 5 (2) Foreign university 0 1 (0) 0 4 (2) 8 (0) 1 (0) Notes: Numbers for TUs are presented in parentheses. 0 0 Another German university Anoth er German university 24 (3) Among the university-invented patents 69% (68%) are owned by a company, 13% (14%) are privately owned, and 6.7% (8%) are owned by a public research organization (PRO). This relatively small number of PRO patents presumably reflects our exclusion of researchers jointly appointed by a university and a PRO. Moreover, we find 26 (10) patents owned by a different German university than the home university of the identified professor. The observed ownership types of universityinvented patents are illustrated in Table 2. Table 2: Ownership categorization of university-invented patents, N=478 (NTU=187) Company Company PRO Individual Foreign university Another German university 331 (127) 6 (2) 10 (1) 0 PRO 32 (15) 5 (2) 0 2 (2) 4 (2) Notes: Numbers for TUs are presented in parentheses. Individua l Foreign university 61 (26) 0 0 0 0 Anoth er German university 26 (10) 32 Supplement 3: Universities’ share of university-owned patents University Halle-Wittenberg GU Clausthal TU Bayreuth GU Düsseldorf GU Magdeburg GU Marburg GU Duisburg-Essen GU Greifswald GU Lübeck GU Ulm GU Bochum GU Hannover TU Wuppertal GU Kaiserslautern TU Braunschweig TU Darmstadt TU Stuttgart TU München TU Heidelberg GU Weimar GU Münster GU Chemnitz TU Kiel GU Hamburg-Harburg TU Jena GU Saarbrücken GU Bremen GU Freiberg TUBergAk Aachen TH (TU) Karlsruhe U KIT (TU) Regensburg GU Leipzig GU Frankfurt am Main GU Augsburg GU Berlin FU Bielefeld GU Bonn GU Köln GU Tübingen GU Dortmund TU Mainz GU Dresden TU # of university patents per university 3 15 4 16 15 39 38 16 12 18 23 30 5 12 31 19 25 29 20 2 26 22 20 9 39 14 26 39 49 Share of university-owned patents (in %) per university 0.00% 20.00% 25.00% 25.00% 26.67% 28.21% 28.95% 31.25% 33.33% 33.33% 34.78% 40.00% 40.00% 41.67% 41.94% 42.11% 44.00% 48.28% 50.00% 50.00% 53.85% 54.55% 55.00% 55.56% 56.41% 57.14% 57.69% 58.97% 59.18% 25 5 18 60.00% 60.00% 61.11% 28 3 24 3 18 9 41 7 26 94 64.29% 66.67% 66.67% 66.67% 66.67% 66.67% 70.73% 71.43% 73.08% 73.40% 33 Erlangen-Nürnberg GU Oldenburg GU Potsdam GU Rostock GU University Würzburg GU Göttingen GU Berlin TU Cottbus TU München GU Freiburg GU Siegen GU Kassel GU Berlin Humboldt GU Ilmenau TU Bamberg GU Giessen GU Hamburg GU Konstanz GU Paderborn GU 39 4 4 38 # of university patents per university 9 14 17 7 15 23 18 10 13 14 1 8 10 2 4 74.36% 75.00% 75.00% 76.32% Share of university-owned patents (in %) per university 77.78% 78.57% 82.35% 85.71% 86.67% 86.96% 88.89% 90.00% 92.31% 92.86% 100.00% 100.00% 100.00% 100.00% 100.00% 34 Supplement 4: t-Tests on mean difference UniversityUniversity patents invented vs. of GU vs. university university--owned patents of TU patents EP/PCT (d) 0.0641** 0.141*** Patent scope -0.0765 0.185** # of backward citations 0.398 -0.601* # of forward citations 0.106* -0.0566 Proximity to basic research -1.465* 3.661*** # of inventors 0.456*** -0.0915 University age -27.24* 121.2*** # of students -2133.7*** 3841.9*** Patenting experience -38.02** -190.1*** Presence of medical school (d) 0.0122 0.412*** PVA age <5 (d) -0.0450* 0.118*** PVA age >5 & <10 (d) -0.0224 -0.037 PVA age >10 (d) 0.0674* -0.0814** University-industry ties 7.829 -81.26*** DFG funding -0.0132 -0.0891*** Exzellenzinitiative (d) -0.140*** -0.0726* Publication ranking 0.0194 10.75*** Entrepreneurial orientation (d) -0.0126 -0.225*** Notes: The numbers in the table reflect the mean differences between the respective groups (compare to Table 1 in the paper). The asterisks *** (**, *) denote a 1% (5%, 10%) significance level of t-tests on mean differences. (d) indicates a dummy variable. 35 Supplement 5: Correlation matrix for the full sample (N = 1,167) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) EP/PCT (d) Patent scope # of backward citations # of forward citations Proximity to basic research # of inventors University age # of students Patenting experience Presence of medical school (d) PVA age >5 & <10 (d) PVA age >10 (d) Universityindustry ties DFG funding Exzellenzinitiative (d) Publication ranking Entrepreneurial. orientation (d) (1) 1.00 -0.01 (2) (3) (4) (5) (6) (7) (8) -0.05 0.05 1.00 -0.02 0.00 0.02 1.00 0.13*** 0.09** 0.09** -0.07* 1.00 0.02 0.01 0.15*** 0.04 0.07* 0.05 0.07* 0.06* -0.06 0.04 0.07* -0.01 -0.07* -0.07* 0.03 0.10*** 0.04 -0.02 (9) (10) (11) (12) (13) (14) (15) (16) 0.17*** 0.01 0.09** 1.00 0.03 -0.03 1.00 0.09** 1.00 0.01 -0.06* 0.00 0.34*** 0.23*** 1.00 0.01 0.01 0.08** -0.01 0.23*** 0.47*** 0.23*** 1.00 -0.05 -0.01 -0.04 -0.02 0.01 -0.31*** 0.20*** -0.08** -0.01 1.00 -0.03 0.05 -0.02 0.04 0.04 0.02 0.26*** -0.16*** 0.03 -0.16*** -0.66*** 1.00 0.11*** 0.07* -0.05 -0.01 0.11*** -0.06 -0.14*** 0.18*** -0.36*** 0.10*** -0.32*** 0.16*** 1.00 0.06 0.06* 0.03 0.01 -0.03 0.01 0.08** 0.28*** 0.04 0.22*** 0.06* -0.08** 0.10*** 1.00 0.11*** 0.04 0.01 -0.03 0.03 -0.03 0.07* 0.47*** 0.26*** 0.19*** 0.07* -0.20*** 0.21*** 0.42*** 1.00 0.22*** 0.11*** -0.05 -0.04 0.18*** -0.07* 0.21*** 0.50*** -0.03 0.62*** -0.12*** 0.00 0.33*** 0.00 0.26*** 1.00 -0.01 -0.08** 0.00 -0.02 -0.06* -0.01 -0.34*** 0.27*** 0.41*** 0.21*** 0.19*** -0.28*** -0.20*** -0.02 0.25*** -0.10** (17) 1.00 1.00 Notes: The asterisks *** (**, *) denote a 1% (5%, 10%) significance level. 36 Supplement 6: Correlation matrix for the GU sample (N = 723) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (1) EP/PCT (d) 1 (2) Patent scope # of backward citations # of forward citations Proximity to basic research # of inventors University age # of students Patenting experience Presence of medical school (d) PVA age >5 & <10 (d) PVA age >10 (d) Universityindustry ties DFG funding Exzellenzinitiative (d) Publication ranking Entrepreneurial orientation (d) -0,03 1 -0,04 0.03 1 0.00 -0.01 0.05 1 0.10** 0.07 0.11** -0.08* 1 0.03 0.02 0.14*** 0.03 0.09* 0.03 0.08* 0.08* -0.06 0.01 0.09* 0.00 0.21*** 0.01 0.05 1 0.00 -0.02 1 0.11** 1 0.03 -0.06 0.04 -0.02 0.00 -0.04 0.40*** 0.21*** 1 -0.01 -0.01 0.02 0.05 0.00 -0.01 0.35*** 0.16*** 0.38*** 1 0.00 -0.05 -0.05 -0.05 -0.01 0.04 -0.41*** 0.19*** -0.32*** -0.29*** 1 0.02 0.07 0.03 0.04 0.10* 0.01 0.30*** -0.09* 0.13*** 0.19*** -0.59*** 1 -0.02 0.05 -0.04 0.00 0.06 -0.05 -0.13*** 0.08* -0.19*** -0.03 -0.21*** 0.02 1 0.14*** 0.03 -0.05 0.04 0.01 -0.02 0.27*** 0.38*** 0.22*** 0.06 -0.28*** 0.15*** 0.20*** 1 0.13*** 0.03 -0.05 -0.03 0.04 -0.05 0.07 0.32*** 0.08* -0.19*** -0.09* -0.09* 0.37*** 0.52*** 1 0.15*** 0.09* -0.03 -0.04 0.09* -0.11** 0.32*** 0.38*** 0.27*** 0.38*** -0.29*** 0.22*** 0.21*** 0.33*** 0.28*** 1 0.01 -0.07 -0.08* -0.05 -0.04 0.00 -0.56*** 0.15*** 0.05 0.07 0.14*** -0.19*** -0.14*** 0.17*** -0.15*** -0.18*** (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (17) 1 Notes: The asterisks *** (**, *) denote a 1% (5%, 10%) significance level. 37 Supplement 7: Correlation matrix for the TU sample (N = 444) (1) (2) (3) (4) (5) (6) (7) (8) (9) (1) EP/PCT (d) 1 (2) Patent scope # of backward citations # of forward citations Proximity to basic research # of inventors University age # of students Patenting experience -0.02 1 -0.06 0.11* 1 -0.05 0.00 -0.03 1 0.15** 0.10* 0.10* -0.07 1 0.03 -0.10* 0.10* 0.07 0.03 0.05 0.06 -0.01 -0.02 0.09* 0.01 -0.01 0.12* 0.00 0.09 1 0.15** -0.02 1 0.09* 1 -0.07 -0.01 -0.04 0.01 0.02 0.03 0.45*** 0.48*** 1 (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (10) Presence of medical school (d) 0.10* 0.03 0.07 -0.01 0.06 0.00 0.08 0.67*** 0.56*** 1 (11) PVA age >5 & <10 (d) -0.03 -0.05 0.06 -0.04 -0.02 -0.04 0.00 0.26*** 0.20*** 0.40*** 1 (12) PVA age >10 (d) -0.08 0.05 -0.10* 0.03 -0.05 0.02 0.20*** -0.20*** -0.17*** -0.53*** -0.78*** 1 (13) Universityindustry ties 0.23*** 0.03 0.00 0.00 0.11* -0.05 -0.29*** 0.16*** -0.37*** -0.03 -0.50*** 0.42*** 1 (14) DFG funding 0.12* 0.13** 0.06 -0.01 0.03 0.02 -0.05 0.37*** -0.16*** 0.52*** 0.23*** -0.24*** 0.21*** 1 0.11* 0.08 0.10* -0.03 0.11* 0.00 0.09 0.73*** 0.49*** 0.82*** 0.32*** -0.39*** 0.08 0.46*** 1 0.07 0.04 0.04 0.03 0.08 -0.01 0.21*** 0.69*** 0.51*** 0.76*** 0.19*** -0.17*** 0.12* 0.21*** 0.74*** 1 0.08 -0.06 0.05 -0.02 0.05 -0.03 -0.05 0.50*** 0.61*** 0.65*** 0.25*** -0.47*** -0.11* -0.17*** 0.66*** 0.58*** (15) (16) (17) Exzellenzinitiative (d) Publication ranking Entrepreneurial orientation (d) (17) 1 Notes: The asterisks *** (**, *) denote a 1% (5%, 10%) significance level. 38 Supplement 8: University type differences in the probability of university ownership by independent variables with all other variables at the mean Figure 1: University-type differences in the probability of university ownership–patent scope 39 Figure 2: University-type differences in the probability of university ownership–# of backward citations 40 Figure 3: University-type differences in the probability of university ownership–# of forward citations 41 Figure 4: University-type differences in the probability of university ownership–proximity to basic research 42 Figure 5: University-type differences in the probability of university ownership–# of inventors 43 Figure 6: University-type differences in the probability of university ownership–presence of medical school (d) 44 Figure 7: University-type differences in the probability of university ownership–university age 45 Figure 8: University-type differences in the probability of university ownership–# of students 46 Figure 9: University-type differences in the probability of university ownership–patenting experience 47 Figure 10: University-type differences in the probability of university ownership–PVA age >5 & <10 (d) 48 Figure 11: University-type differences in the probability of university ownership–PVA age>10 (d) 49 Figure 12: University-type differences in the probability of university ownership–university-industry ties 50 Figure 13: University-type differences in the probability of university ownership–1/DFG ranking 51 Figure 14: University-type differences in the probability of university ownership–Exzellenzinitiative (d) 52 Figure 15: University-type differences in the probability of university ownership–publication ranking 53 Figure 16: University-type differences in the probability of university ownership–entrepreneurial orientation 54 References: de Rassenfosse, G., Schoen, A., Wastyn, A. (2013a): Selection bias in innovation studies: A simple test, Technological Forecasting and Social Change, forthcoming. de Rassenfosse, G., Dernis H.; Guellec, D., Picci, L., van Pottelsberghe de la Potterie, B. (2013b): The worldwide count of priority patents: A new indicator of inventive activity, Research Policy, 42(3): 720-737. Schoen, A., Buenstorf, G., Heinisch, D. (2013): Playing the “Name Game” to identify university-invented patents in Germany. Mimeo. 55