Universities Patenting More Student Ideas
theodp writes "Working as a NASA intern, grad student Erez Lieberman had a eureka moment, resulting in an algorithm that detects whether a person is standing correctly or is off balance. Unfortunately, MIT liked it so much they decided to patent it. Seeking permission to use his own idea for his iShoe startup, which develops products like insoles to address the problems of seniors, Lieberman was told no problem — as long as he promised a hefty royalty and forked over a $75,000 upfront payment. Whether or not students are aware of it, the NYTimes reports that most universities own inventions created by students that were developed using a 'significant' amount of schools resources. Colleges and universities once obtained fewer than 250 patents a year, but that was before the Bayh-Dole Act gave them ownership of inventions developed through federally financed research. Now they acquire about 3,000 a year, and in 2006 licensing fees and equity in spinoff companies totaled at least $45B — research powerhouses like Stanford and NYU pocketed $61M and $157M, respectively."
I believe the justification for patents is that it encourages innovation, allowing products to come to market that would otherwise never see the light of day. To be honest, I have always been pretty skeptical, but it seems particularly difficult to square such a claim when inventors are prevented from using their own inventions. If MIT wants to patent its students' work, it should at least exempt those who had the idea in the first place from paying royalties.
http://http//www.timeshighereducation.co.uk/story.asp?storyCode=404351§ioncode=26
"They looked deep into my soul and assigned me a number based on the order in which I joined"
Funny, I thought the whole tuition thing was your payment for using their academic resources and facilities? Otherwise, shouldn't they be paying students for their development work?
Deltron 3030 - Virus (music video)
I think a better idea might be to force federally-funded schools to do something similar to that. If the government is giving a researcher/professor/whatever a grant from taxes based on his or her past accomplishments, the university gets a huge chunk of it - unless I'm mistaken (and I very well could be.) For the university to then get whatever comes out of that is fundamentally stupid. From my experience, the university does nothing besides initially invest in the researchers. Well, that's not exactly true, they give me parking tickets occasionally too. I should say I'm a grad student, so I'm somewhat talking out of my ass here, and I might be biased (parking tickets!!!) but from what I can tell, the university gets more than their fair share.
I completely agree. I attend University of Toronto, and the first thing our prof said about our senior year project was "If you have some ideas you are passionate about that may be profitable, keep them out of the project."
There is a simple solution here:
If you have a realy good idea that you intend to start a business with then patent it before you submit your work!
You would have to do it anyway
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We should be careful here. The system may be best left as is. The idea is that:
most universities own inventions created by students that were developed using a 'significant' amount of schools resources.
This is to protect universities against people taking 99% of the university's idea/invention, adding 1%, and then using the university's research to make money while the university keeps begging for donations. Some universities may be fine monetarily, but some need all the money they can get to keep up their standards.
Onto this case. Perhaps MIT & NASA already had the equipment and a similar algorithm that Lieberman simply added an elegant flourish to. If that's the case, he should get some joint arrangement going, but he shouldn't be allowed to pass it off as if he developed the entire thing himself. But what it actually sounds more like, is they both sides significantly contributed, which makes things difficult.
He can try to prove that the university's contribution to the project was "insignificant", but that's going to be a hard sell. If I were him, I'd see what friends I still have in the MIT bureaucracy, see what they can do, and then (while trying to not to ostrichsize them) try to get as much media attention as possible so that MIT can make a good-will announcement that they're giving him the rights.
The stupid exploit the smart.
Please. Most university faculty are a looong way from stupid. That said, while I understand the argument that university resources are being used in the creation of these "inventions" (ideas), surely the fact that THE STUDENTS ARE ALREADY PAYING FOR USE OF THESE RESOURCES should mean that they owe the university nothing, and anything outside of normal coursework is theirs to call their own.
Forget thrust, drag, lift and weight. Airplanes fly because of money.
Let's keep a few things in mind:
1. This was "a technology he created as an intern at NASA in the summer of 2007." It's not like he was an undergraduate sitting in a classroom -- he was working for NASA when he made the invention.
2. "The iShoe researchers used some of their own work and previous NASA data ," the latter presumably taken with "an expensive device about the size of a phone booth" in the creation of their invention. So NASA's data (and presumably equipment) were needed to produce the invention.
3. While an intern, Lieberman was also a federally-funded (i.e., taxpayer-supported) graduate student, receiving money from both the National Science Foundation and Department of Defense, through his university, for his research. Like many (perhaps substantially all) graduate researchers in US universities, he was being paid by his university to do research. The fact that the research was being conducted at NASA doesn't change the fact that Lieberman was on the university payroll at the time the invention was made. Welcome to internships.
4. His company has also filed for federal funding to develop the idea for market and, "[o]nce funding is obtained, the iShoe could be for sale in 18 months, Lieberman said." So he's still using taxpayer money to develop the invention for market.
5. We don't know what the "hefty royalty" is (unless I missed it, it's not in any of the linked articles), but $75,000 is peanuts. "The iShoe has a way to go to reach the market [...] Lieberman estimates $1 million is needed for a broad clinical trial, and $3 million to $4 million to bring the insole to market." As a startup, his monthly burn rate will be much more than $75,000.
Frankly, I'm fine with institutions receiving a financial return on the work of their paid employees -- especially if taxpayers are ultimately footing the bill. In fact, I would argue that Mr. Lieberman is getting a sweetheart deal; I think once he gets into industry himself he'll find that the commercial sector typically requires employees to assign all rights to any future inventions (at least, in the company's field of interest) to their employer starting on Day 1, usually with trivial or no compensation.
It will be interesting to see what intellectual property policy the new iShoe company establishes for its own employees. As CEO, will Lieberman let his iShoe researchers invent and patent without expecting that those inventions will belong to iShoe?
So writing an algorithm on a computer is suddenly expensive and causing large costs to the university, that would justify patenting a potentially revolutionary algorithm, and not giving it back to the student? Let the Croatian universities dare patent or even copyright something I worked on, unless it was specifically for the university, or as part of university work.
In any case, this story teaches us something. Show only stupid ideas to the university, keep the others to yourself.
...is because it shows up on their balance sheets. Investors like it because instead of R&D being a cost to a company, it now becomes a profit center because R&D creates "IP", much like a shovel and pick create/discover "minerals" that can be sold or exploited.
Never mind that IP is nothing like actual property; they'll keep passing more laws to make an idea seem more like a thing for investment purposes.
Plus, then IP shows up in GDP, can be bought and sold, and "creates wealth". Never mind that it's the equivalent of eating your seed corn to lock away knowlege, the human condition always values being satisfied now versus building for the future.
You were mistaken. Which is odd, since memory shouldn't be a problem for you