In a recent Harvard Business Review article, the Kauffman Foundation suggests that control of research commercialization decisions be shared with the inventors responsible for that research. Kauffman's proposed strategy would enable faculty inventors to choose which agency (university-affiliated or not) they would work with to commercialize their innovation. This differs from current practice, where the decisions on how to commercialize intellectual property -- resulting from an annual federal research budget of billions of dollars -- are managed exclusively through the resident university technology transfer office.

Kauffman calls the status quo “a monopolistic model” and “a major impediment to innovation” and asks, “why not free up the market in technology licensing?" The Foundation predicts that allowing faculty to choose their licensing agent will lead to competition, specialization and greater overall efficiency in translating the nation's research investments into innovations for societal benefit.

This poll would track the degree to which faculty are aware of the nuances in the 2009 Patent Reform Act that will affect their future.

Current U.S. law protects faculty inventors’ intellectual property rights so they can collaborate and share ideas with students, colleagues, and potential licensees, and perfect their inventions for a full year prior to filing for patent protection. The Patent Reform Act of 2009 (Senate Bill S. 515 and House Resolution H.R. 1260), under consideration by Congress, proposes to dramatically weaken or eliminate the 1 year grace period entitlement for U.S. patentees.

The Patent Reform Act of 2009 (Senate Bill S. 515 and House Resolution H.R. 1260) is currently under consideration by Congress. The Act would effectively eliminate the one year grace period from publication to patent application, an advantage unique to the U.S. that leads to more innovation success than its European and Asian counterparts. This change will harm collegial collaboration between students and faculty. Further, any internet posting of research information could disqualify or invalidate a patent application if discovered after patent issuance. This will create further pressures on the academic environment to become a more secretive system such as exists in corporate research, and in Europe and Japan. It will also compel university faculty to file patent applications prematurely, squandering vital time and resources at universities and the USPTO.