Evaluation On Effectiveness Of Chinese "Bayh-Dole Roles"

Universities are important actors of institutional innovation,owning plenty of intelligence and advanced technology,and rich in Science and technology achievements.Patent is an important carrier of the Science and technology achievements.In 2007,Bayh-Dole like roles following America in China(Chinese "Bayh-Dole Roles")has been legislated in the article 20 of the latest revised edition of " Scientific and Technological Progress Law of the People's Republic of China ",in order to promote the commercialization of patents belonging to chinese universities.Up to now,Chinese "Bayh-Dole Roles" has been officially implemented about 10 years,and it is necessary to done empirical study on the effectiveness of the rules.Based on the index system including patent creating,patent transferring and licensing in universities,the implementation effect of Chinese "Bayh-Dole Roles" has been evaluated in this article.And we found that the legislation of Chinese "Bayh-Dole Roles" is promoting the universities' patent activities in a certain level.But the conversion rate of patents in university did not boost quickly.The sensitivity to the Chinese "Bayh-Dole Roles" of different universities which in different areas is different.The conversion rate of patents in Comprehensive University and science and engineer universities which located in the eastern areas is relatively good.And analyzing the obstacles to the transformation of patent technology with normative research to search for countermeasures to promoting the further exert effective influences by Chinese "Bayh-Dole Roles".Factors restricting the implementation effect of Chinese "Bayh-Dole Roles" inclued: contradiction between legal system and government policies;insufficient cohesion between the associated Laws;the orienting and deviating of existing patent incentive system from the real demand;the management of intellectual property in universities;and imperfections of the operation framework about university intellectual property service.According to these obstacles,we should formulate strategies to promote the creating and using of universities' patent by the synergy of the rules and regulations,standardization management of universities' intellectual property and perfecting the system of the intellectual property service.