What Drives Scientific Disclosure

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    Disclosure Strategy

    In a world where cumulative knowledge accumulation is

    efficient, what are the incentives for scientists and firms to

    disclose knowledge through publication?

    How do disclosure incentives interact with intellectualproperty protection, scientific rewards and conditions of

    public funding?

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    Literature

    Sociology of science

    Merton (1963)

    Stokes (1996)

    Economics of innovation

    Rosenberg

    Dasgupta & David

    Romer (1990)

    Recent work

    Aghion, Dewatripont and Stein (2005)

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    Key elements

    Many ideas have both scientific merit and commercial

    application

    Disclosure is a strategic choice of scientists and

    funders/firms

    Scientists are motivated towards openness

    Funders preferences are driven by their time horizon

    Determines ability to consider and appropriate the returns

    from cumulative knowledge acquisition.

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    Taxonomy of Projects

    Immediate usefulness

    Low High

    Scientific

    Merit

    High

    Low

    From Stokes (1996)

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    Taxonomy of Projects

    Immediate usefulness

    Low High

    Scientific

    Merit

    High Bohr Pasteur

    Low Steorn Edison

    From Stokes (1996)

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    Disclosure

    Disclosure mechanisms

    Publication

    Patenting

    Four strategies

    Secrecy

    Commercial Science (patent only)

    Open Science (publish only)

    Patent-paper pairs (both but with publication after idea

    generation and managed so as to not create prior art claim;

    less than 12 months)

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    Patent-Paper Pairs

    Patenting and publication are notmutually exclusive.

    Arise in Pasteurs Quadrant

    Important phenomenon in the life sciences (& beyond)

    many of the major breakthroughs are disclosed as patent-paper pairs including:

    recombinant DNA techniques (Cohen et al., 1973),

    transgenic mouse prone to cancerthe Oncomouse (Stewart

    et al. 1984),

    RNA interference (Zamore et al. 2000),

    human embryonic stem cells (Thomson et al. 1998).

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    PPP Examples I

    # papers# paired with

    patents

    % paired

    publications

    Publications by public sector funded

    researchers

    235 106 45%

    Publications by public and private

    sector funded researchers70 41 59%

    Publications by private sector funded

    researchers 36 24 67%

    Starting with publications: From a sample of 341 research publications (all the

    research articles from the leading life science journalNature Biotechnology between

    1997 and 1999). Examine which publications are also disclosed in patents. (Murray

    and Stern 2007)

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    PPP Examples II

    # patents# paired with

    publications

    % paired

    patents

    Patents by public sector funded

    researchers

    1308 1099 84%

    Patents by public and private sector

    funded researchers187 164 88%

    Patents by private sector funded

    researchers 2775 1347 49%

    Starting with patents: From the full population of human gene patents (US patents

    identified using bioinformatics methods that disclose and claim a human gene

    sequence or fragment (Jensen and Murray 2005), we examine which patents are also

    disclosed in publications (Huang and Murray 2008 ).

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    Scientists prefer disclosure over secrecythey are willing to trade off

    salary in return for opportunities to control & disclose their work

    Note: Survey respondents are AAAS members and free registrants on the Science magazine

    Web site. Kelly Scientific Resources also participated in the survey by polling some 12,000

    of their employees, whose responses were combined with the rest of the survey data.

    Source: http://sciencecareers.sciencemag.org/

    Scientist Preferences

    http://www.kellyscientific.com/http://www.kellyscientific.com/
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    Preferences not simply related to greater control over research

    agenda provided in academic vs. industry (Aghion, Dewatrapoint

    & Stein, 2007) but also opportunity to publish.

    Estimates from a study of multiple job offers for PhD scientists(Stern, 2006) imply that individuals will accept 20% less, on

    average, if they are given the opportunity to and incentives to

    publish in the public scientific literature.

    Disclosure in the form of patents does not provide a similar

    preference effect for researchers

    Scientist Preferences

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    Disclosure Paths

    Can choose the degree of disclosure through publication:

    In order to obtain a patent, a minimum level of disclosure isrequired:

    Baseline Assumption 1: publication and patent informationare distinct (from a commercial perspective)

    Baseline Assumption 2: A patent increases the costs of a

    work-around by the entrant (l)

    [0, ]d D

    P A Td

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    Preferences

    Scientist

    Firm/Private Funder Monopoly profit:Pw

    Competitive profit: pw

    Entrants expected profit:

    where qis distributed uniformly on [0,1] p+ bED < 1 (entry always uncertain)

    Expected profit:

    wagekudos

    SU w b d

    ( ) E P A T

    i b d id p l q

    capital costprobability of entry

    ( ( )) ( ) E P A T

    k w i b d id p l pP P

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    Disclosure Regimes

    Publication disclosure (d)

    0 D

    Patent

    (i)

    1Commercial

    SciencePatent-Paper

    Pairs

    0 Secrecy Open Science

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    Negotiations

    Scientist and firm negotiations over disclosure regime:

    , ,max ( ( ))( )w i d S E P A T w b d k w i b d id p l p P P

    Unconstrained wage: w > 0

    Relative commercial return high

    Choose (i, d) to maximise joint

    surplus

    So long as

    ( )*

    ( )

    E P AT

    S E

    k i b d

    b bd d

    p l p

    p

    P P

    P

    * 1

    2max 0, ( ( ))( )

    E P A T Sw k i b d id b d p l p P P

    Constrained wage: w = 0

    Relative commercial return low

    Use dto transfer utility between

    firm and scientist (d> d)

    Choose (i, d) to maximise NTUNash objective

    ( )( )*

    2 ( )

    E P A T

    E

    k i b id

    i bd

    p l p

    p

    P P

    P

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    Surplus Maximisation

    Consider the choices that maximise surplus

    Disclosure choose no disclosure if

    Patent choose no patent if

    ( )1S

    E

    b

    d b pP

    ( )( )

    ( )1

    E P AT k b d

    i k

    E P A T b d

    p l p

    p p

    l

    P P

    P P

    ( ( ))( )S E P A T

    b d k i b d id p l p P P

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    Equilibrium Outcomes

    When d> 1, surplus

    maximisation would

    involveD > d

    Wages always zero whenthere is publication

    Thus, level of disclosure

    is less than full disclosure

    Decisions do not interact.

    i

    d

    1

    1

    Secrecy

    Commercial

    Science

    Patent-Paper

    Pairs

    Open

    Science

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    Stronger IP Protection

    Increasing l

    More likely to take out a patent

    If there is publication, negotiate more disclosure

    Increasing dPAT Less likely to take out a patent

    If there is a publication, reduces disclosure

    ( )( )*

    2 ( )

    E P A T

    E

    k i b id

    i bd

    p l p

    p

    P P

    P

    Stronger IP protection (higherland lower dPAT) stimulates

    openness in science

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    Overlapping Disclosures

    Suppose that there was full overlap between patent and

    publication disclosures.

    No cost to same disclosures as in patent, so Commercial

    Science does not arise.

    If choose to publish and patent disclosure requirements are

    low, then worthwhile patenting even if it would otherwise

    encourage entry; so no Open Science

    min 1 ,1 Secrecy,

    otherwise Patent-Pape r Pairs

    E P AT d b d

    l

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    IP Protection Through Disclosures

    Baseline model: IP protection increases entry costs

    Suppose workaround not guaranteed to work

    Entrant sinks costs, l, and generates probability, 1r, that

    will still be excluded. Expected entrant profit:

    Expected firm profit:

    Marginal cost of publication falls when you have a patent

    (1 ) E E P A T

    i i b d ib d r p l q

    (1 ) (1 ) E E P A T k w i i i b d b id r r p l p P P

    (1 ) ( )E

    i br p P

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    Complementarity

    1

    1

    Secrecy

    Commercial

    Science

    Patent-Paper

    Pairs

    Open

    Science

    d

    (1 )((1 )

    ( )

    E P AT k b d

    i k

    r r p l

    p p

    P

    P P

    i

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    The Anti-Commons Effect

    Fear that patent thickets will deter scientific research

    Murray and Stern (2006) found that papers with patents

    attached attracted fewer citations

    Assume that patent protection alters scientific kudos:

    where c (< 1) parameterises the anti-commons effect.

    Only impacts on disclosures under Patent-Paper Pairs

    (1 )S

    b ic d

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    Substitutability

    1

    1

    Secrecy

    Commercial

    Science

    Patent-Paper

    Pairs

    Open

    Science

    d

    i

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    Public Funding

    Suppose there existed a liquidity constrained public funder

    who cared about immediate use and cumulative knowledge

    When will public funds encourage disclosure and increase

    the degree of innovation?

    Should publicly funded projects be permitted to obtain IP

    protection (e.g., the Bayh-Dole Act)?

    Do the answers to these questions hinge on the project-specific information available to the public funder?

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    Model Amendments Introduce heterogeneity amongst projects:

    Future benefit (internalised by kudos): bEdistributed uniformly on

    [0,1]

    Immediate use: let v be the immediate social value of a project;

    distributed uniformly on [0,1]

    Let Kbe the total level of public funds with k< K< 1

    Impact of competition:

    P = mv, p=bv (1 > m> 2 b)

    Monopoly creates deadweight loss ofd>b

    Simplifying assumption: dPAT= 0 (patenting always profitable).

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    No public funding

    bS

    vv

    ( )( )v v v k m b l m b

    Projects with positive

    commercial return are

    funded; i.e., v > v as

    defined by:

    ( )S E

    b b vm b

    Patent-Paper

    Pairs (d> 0)

    Commercial

    Science

    (d= 0)

    No funding

    Funded projects with high

    enough scientific kudos

    permit publication; i.e.,

    where:

    0

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    Public subsidy

    bS

    vv

    A public subsidy to

    private firms may

    increase the number of

    funded projects but

    there is a large degree

    of crowding out.

    However, it does

    increase disclosure.

    Need to select on the

    basis of project type.

    Patent-Paper

    Pairs (d> 0)

    Commercial

    Science

    (d= 0)

    No funding

    0

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    Pre-Bayh-Dole (high K)

    bS

    vv

    Restricted public

    funding:

    (i) no commercial

    returns to scientist; and

    (ii) full disclosure

    Select on basis of

    scientific merit (bS)

    Relatively high K

    Opt out to secure

    commercial returns

    Private

    funding (PPP)

    (d=D)

    Private

    funding (CS)

    (d= 0)No funding

    0

    Public funding

    (OS)

    (d= 0)

    v

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    Pre-Bayh-Dole (low K)

    bS

    vv

    Restricted public

    funding:

    (i) no commercial

    returns to scientist; and

    (ii) full disclosure

    Select on basis of

    scientific merit (bS)

    Relatively low K

    Private

    funding (PPP)

    (d=D)

    Private

    funding (CS)

    (d= 0)No funding

    0

    v

    Public funding

    (OS)

    (d= 0)

    (d

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    Post-Bayh-Dole (high K)

    bS

    vv

    Unrestricted public

    funding:

    (i) allow commercial

    returns to scientist; and

    (ii) full disclosure

    Select on basis of

    scientific merit (bS)

    Relatively high KPrivate

    funding (CS)

    (d= 0)

    No funding

    0

    v

    Public funding (PPP)

    (d=D)

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    Post-Bayh-Dole (low K)

    bS

    vv

    Unrestricted public

    funding:

    (i) allow commercial

    returns to scientist; and

    (ii) full disclosure

    Select on basis of

    scientific merit (bS)

    Relatively low K

    Private

    funding (CS)(d= 0)

    No funding

    0

    v

    Public funding (PPP)

    (d=D)

    Private

    funding (PPP)

    (d

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    Conclusions Restrictions on public funding

    Limit crowding out

    Increase disclosure choices of some high v projects (but only when

    there is high public funds available)

    Therefore, removing restrictions will not stimulate more privatefunding

    Matching grants would help but not remove these forces

    What if the public funder could not (easily) observe disclosure?

    Insist on a minimal level of disclosure only Creates a bigger incentive to obtain public funding

    But less disclosure from that funding

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    Mixed Options

    bS

    vv

    Suppose funder cares

    but cannot observe v

    Offer a menu of

    options with full

    funding for restricted

    grants and matched

    funding for unrestricted

    ones.

    Select on basis of

    scientific merit (bS)

    Private

    funding (CS)

    (d= 0)

    No funding

    0

    v

    Public

    funding

    (OS)

    (d=D)

    Matched

    funding

    (PPP)(d=D)

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    Complete observability

    bS

    vv

    Suppose funder cares

    but can observe v

    Select on basis of

    scientific merit (bS) and

    immediate prospects.

    Assume: no liquidity

    constraints on public

    funder Private

    funding (CS)

    (d= 0)No funding

    0

    v

    Public

    funding

    (OS)

    (d=D)

    Private

    funding

    (PPP)

    (d=D)

    Public funding

    (PPP)(d=D)

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    Races for Priority

    Another explanation for why commercial firms may want

    disclosure: increase the speed of research by scientists

    Suppose that scientiststo research more intensively (i.e.,

    in a focused manner)must sacrifice other academicactivities

    When will a firm sponsor several research teams with

    disclosure rather than incur delay?

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    Single Research Team Two periods: 1 and 2

    Delay reduces total surplus:

    Cannot contract on research intensity so to speed up scientist firm must

    allow a minimum level of disclosure:

    Firm will choose disclosure to prevent delay if:

    It may be that disclosure is negotiated with d< 1

    Private value of alt

    activities if done today

    (1 ) m ax ( )( )d S E

    b d b d zd p l p P P

    (1 )S

    zd D

    bd

    2

    (1 ) ( )( )

    z

    d zd p l p d P P

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    Competing Teams Suppose that there is a single sponsorof two competing teams

    If other team is slow, then fast research requires:

    If other team is fast, then fast research requires:

    Therefore, choose equilibrium where only one team goes fast. Thus,

    disclosure will be optimal if:

    Less disclosure required than single team case and hence, more likely to

    commit to disclosure.

    1

    2

    2(1 )

    S S

    S

    zb d z b d d

    bd

    d

    1

    2

    2S

    S

    zb d z d

    b

    12

    (1 )(1 / 2 ) ( )( )

    z

    d zd d p l p d P P

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    Competing Teams

    Suppose there were two independent teams and firms who

    compete for priority in kudos and for a patent

    Three possible outcomes:

    No publication (for dvery low)

    One team commits to publication (for medium d)

    Both teams commit to publication (for large d)

    Thus, more competition implies more disclosure

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    Future Directions

    Dynamics

    Publications: only receive kudos if cited

    Patents: can earn future license fees

    These decisions can interact

    Competition for status

    Role of scientific elites