A personal update and musing on certain failures of statistics in medicine

Just a note here about my health and the direction for this blog. First, it’s great to see that people are still coming to read articles about technology transfer and cockroach living. Maybe there’s hope out there, or at least curiosity about how things have come to be in the strange, often confused world of research IP. Now about the cockroach living. Against the odds, I am still!

Last March, one Sunday morning, I went full cardiac arrest–cut a three mile walk short for what I thought was indigestion, came home, sat down with a glass of water, and blinked out. No warning, no pain, no light in a tunnel or floating above anyone–just gone. My wife happened to be in the room and heard me collapse–I sent the water glass and tray table to the floor, I’m told. She did all the right things–called 911, unlocked the front door, started chest compressions. The EMTs arrived and defibbed me twice. Continue reading

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Devoted to Ms. Bells

Some time in the run up to Christmas, my daughter and her family were visiting. For the grandkids, I hook up an intercom system consisting of an old corded Princess handset and an only slightly less old cordless phone with a base station. I use the Princess for calls with cable companies, cell phone companies, and anything institutional, like insurance–no running out of battery waiting on hold for half an hour, and all that. “Your call is important to us”–uh huh. I like the irony of the old tech holding its own.

Anyhows, once my nine-year-old granddaughter set up a play cafe in the media room and brought me the cordless phone so I could call her. She had been singing “Jingle Bells” (since it was holiday time) and so when I got on the line, I called her “Ms. Bells.” “Hello, is that you Ms. Bells? Oh, good! I’d like to order some lunch. What have you got?” And so on. Thus, Lousia became, for a time, Ms. Bells, Ms. Jingle Bells.

A while later, I came on an agreement she had worked up for her hired help–her younger brother. I asked her if I could share it with my blog readers, and she said sure. So here it is:

Ms. Bells' work agreement

Signature

I, whoever signs this paper, will do whatever Ms. Bells asks of me. I will also devote myself to her as long as I work for Bells.Songs.com. I work Mon-Fri, but not Sat and Sun. I will do anything for her. Ms. Bells is awsome and sings very well. I like her in every way.

Now, while some would point out what they regard as flaws, I will go the other direction and point out features. The promise to do whatever is asked is right there at the start–no beating around about purposes or declarations of intent. Bells asks, I do. Very tart. That’s followed up with an attestation of devotion. Such attestations are not often found in work agreements, and in its way it is brilliant. Maybe devotion would be a good back up to promises in such arrangements. Maybe not only attesting but actually choosing to be devoted would make a good start. Of course, here the devotion is to Ms. Bells. But then it’s personal. And one needs to be clear what is expected when dealing with a younger brother.

The remainder of the arrangement sets out the work schedule and then, to remove any doubt, doubles down on the promise made at the outset, and adds a declaration regarding Ms. Bells’s singing ability, and a representation the follows from devotion though is not quite the same thing–one can be devoted and not like all aspects of the devoted, and one can not be devoted but like everything. Here, devotion and liking in “every way” are expected, even contracted for. Or, put another way, only those for which the attestations are true can honestly sign the paper. No devotion, no feeling that Ms. Bells is awesome, no liking her in every way–well, any of that going sideways breaks the deal.

There it is. Work arrangements based on devotion, awesomeness, and liking in every way. As far as features go, a good start.

 

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University patents under federal scrutiny

At the most recent cabinet meeting, the Secretary of Commerce said some words about university patents to the effect that the billions of dollars of federal research sent to universities has resulted in universities owning a bunch of patents and they have made  piles of money from private exploitation of inventions arising in that research, and this was no good because the federal government was not getting a share of those money piles, and this should change.

The good news is that the Department of Commerce is finally taking a look at the Bayh-Dole Act and how universities have performed under it. That’s the end of the good news, at least for now.

Let’s work through the bad news, but quickly this time without all the documentation, to sketch the outline of the bad.

Here’s the short form.

Continue reading

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Dream on

I had a dream last night that I was in a city–don’t know where–in which one had to get a license to purchase food. And not only that, but one also had to get a license at the same time to sell food. That was certainly weird, if not rather dystopian. But it was a bit worse than that. Turns out, in the dream, one had to get a license to sell food even one was going to give food away, as in, say, serving food to others, as at a meal. Giving food away was essentially (so the reasoning in this dystopian city dreamscape went) selling the food for zero charge and just an end run around the requirement to get a license before selling food. Yes, selling food meant selling food and not selling food.

Well, that was quite the dream–I was filling out application forms, wondering whether I would be approved to buy food or would have to scavenge off the land, and then realizing that I would also have to be approved to sell food before I could be approved to buy food. Well, hello starvation by bureaucracy–all in the name of making sure we are all properly certified on this food thing. Continue reading

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A response to a Quora question on “key principles” to consider in creating an IP policy

I got a Quora request for an answer. Just posted this.

Let’s start with some basics regarding policy. Since the early 15th century, policy has been a creature of government, and of organizations with the idea of behaving as if a government. The idea of policy is to set out a pattern of practice that serves the interests of the organization. Thus, whatever IP policy one wants to draft will depend on the interests of the organization that the policy targets—or, more concretely, the interests of those having influence over the organization—a CEO, or president, or director, or (worse, possibly) a few people on a committee, or (even worse, probably) a lawyer serving as counsel for the organization, without much experience in actual IP management. It is easy for an IP policy to go bad, while not actually looking bad to the naive eye. That’s an admonition, not a principle. Continue reading

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On becoming Dublin again

Adrian Johns, in Piracy: The Intellectual Property Wars From Gutenberg to Gates, describes the difference in approach to literary property between the rival cities London and Dublin. For London publishers, literary property was held to be perpetual. For Dublin publishers, there was essentially no such thing as literary property. The Dublin book trade thrived–anyone could print anything, sell copies wherever and however, and the competition was who could get to market most quickly, with book product people would buy. In London, titles were controlled by the major publishers. Maybe something would be printed, maybe not. And if so, at prices set by the publishers, not by competition for readers.

Here’s Johns’s paragraph:

According to leading authorities across Europe, some form of literary property, however defined, was the bedrock on which public reason had to rest. print’s role in progress depended on fidelity and security of authorship, and those could not be guaranteed without a regime of some kind. There could certainly be dispute about the proper form of such ownership, about where its boundaries lay, and about who should possess it; but little scope existed to deny the need for some such principle. Yet it was precisely this that Ireland scandalously lacked. And it seemed to relish lacking it. If literary property and rules of authorship were so central to enlightenment, why did the Irish model not collapse into chaos and ignorance? Why, on the contrary, did it seem to thrive as never before? (147)

Johns follows this observation up with a statement of relevance:

That is a question that merits being asked in the present tense too.

I’m not ready to argue that IP should be abandoned entirely, though I see some merit in doing so. But let’s push this into university IP as a specific area of interest. There’s no question that universities have turned first to establishing patent policies, under the influence of Archie Palmer and the National Research Council, which engaged in a three-decade effort to get universities to adopt patent policies. As the abstract for a 2007 article by Jane Robbins puts it, “Beginning in the 1930s, the National Research Council waged an organized campaign to encourage academic patenting and centralize it within one organization.” Once universities had patent policies, it took much less effort for those policies to be expanded to “IP” policies, to change voluntary invention reporting into first limited university claims to invention ownership, and then to broad claims to invention ownership–even to ownership of inventions whether or not they were inventions. Well now. Continue reading

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Research administrators protest indirect cost changes

The NIH has proposed to set the indirect cost rate for its grants at 15%. There’s the usual outrage. I don’t feel that outrage, however. I don’t even feel a desire to preserve the present approach to federally supported research. And I’ve worked in university technology transfer for a number of years, so I know some of the folks who will be affected. I’m sorry, folks. This will be hard for you. But the federal research system is a fail, and so is everything else that universities have tried to make emulate the federal system. Something has to change. May as well start with this.

The outrage argument is that an indirect cost change to 15% will destroy university research and the public won’t get life-saving drugs, among other things. Makes it sound pretty darned devastating. But it’s melodrama. The first part is sort of true–a 15% indirect cost rate will destroy research administration as we know it. Whoohoo! And a 15% indirect cost rate may reduce research activities at some universities (because of a lack of research administrators and researchers who only want to work in brand new buildings). That, too, may be a good thing, not a disaster at all. Continue reading

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NIH’s change to indirect costs as an opening for research enterprise change

A few days ago, Chris Newfield published an article on his Remaking blog on the proposed NIH cuts to university indirect costs. Now, Chris is the most knowledgeable person on university financing who is willing to speak openly about how university accounting works–to the extent that university accounting admits of being designed to, um, work.

Set aside for a moment Chris’s overt politics–even if you disagree with him–and consider some of his main points, as I paraphrase them (please–go read his article, too):

Continue reading

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End the disaster of university patenting for exclusive licensing

While there is a place for exclusive patent licensing (but why not just assign?), the university screws over its public mission by involving itself in exclusive deals. Just because those deals aren’t obvious to the public unless they make big money for the university and it brags it up doesn’t mean that the deals are healthy for the university. My observation goes further–merely the attempt to do exclusive deals, merely leaving the lingering expectation that a university might attempt to do an exclusive deal, is damaging to a university’s public role, to the public’s sense that a university is doing what it ought.

And that damage–from the expectation a university might deal a patent exclusively, might try to make money on the value of suppressing use, suppressing improvements, suppressing applications, might set up some single company to troll industry, to set up that company to sue on behalf of the university, to shake down those that would otherwise benefit from access to the invention–that damage runs through all the inventions that the university holds.

The damage takes the form of lost relationships, lost goodwill, lost gifting and sponsored research income, a stench of public betrayal and betrayal of university claims to ethical practice, disruption of industries rather than service to those industries, withering of rainmakracketeering using patents, ineffective technology transfer, and perhaps worser of all, motivating companies that do not expect or want an exclusive license to design around university inventions, or avoid those inventions, to exclude those inventions from industry roadmaps, to delay adoption. And those behaviors render university research and billions of federal research dollars (treated as pork) irrelevant, useless–at least until the patents lapse.

Institutions never apologize. Universities say technology transfer is hard, but they don’t bother to consider how their own stupid policies (no, really, I’ve read hundreds of those policies–most of them are stupidly written, just mind bendingly stupid–and they are so stupid, Dunning-Kruger style, that they can’t even see it) and the stupid ineffective practices they use following those policies (policies may expect money-making from licensing, but I haven’t seen a policy yet that fixes the default position to be exclusive licensing even though that is, everywhere, the default university practice).  Yes, their stupid choices for policy and practice make technology transfer all that much more difficult. But to a bureaucracy that’s dumb, life getting harder means better pay, bigger budgets (to comply!), more empire, more status. If technology transfer appeared easy, why then you wouldn’t need to spend a few million a year on staffing the office.

My argument is that if you got rid of your patent and invention policy altogether, then you could cut your technology transfer budget by over half, run the office as a voluntary service if anyone still wants it (there are reasons to have folks who can help with IP when it makes sense for the university to serve as curator or escrow or aggregator for a commons or consortium). Continue reading

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Stop being Moloch

Here is a short form of the argument that nothing is a better way than the approach to technology transfer, IP, licensing that universities have at present.

The present approach universities take to IP management/technology transfer does not work, has not worked.

The approach is wasteful, ineffective, damaging, even corrupt. It’s not working. It’s very. bad.

Despite what you read, the whole effort has been a huge clusterfuck of misrepresentations, bungling, pettiness, and half-truth reporting. Big picture, over the past forty-odd years, universities (and their research foundations) have obtained around 150,000 U.S, patents on maybe 300,000 inventions reported (and many more claimed). They are presently patenting away at about 7,000 U.S. patents per year. If obtaining a patent costs say in round numbers $10,000 then we are talking about a spend of $1.5 billion spend over the past forty years just on patenting. And that does not count maintenance fees, or all the failed patent applications, or the foreign filings. So let’s say a big nice round $2B. What have we got for that $2B spend–and what of that would we have got anyway?

Pretty much nothing. Most of these patents have not been licensed, and of those relatively few that have, most have not resulted in “practical application.” The University of California once estimated that only 1 in 2,000 inventions in their program achieved commercial use. Stanford a decade ago reported only 53 of 6,400 inventions over a span of 36 years earned sufficient income to be considered even modestly commercially significant.  And those are top programs. Not much has changed. It’s still a bad approach.

On any measure–technology transferred, practical application, making money for university research and instruction, economic development–the university approach to IP simply stinks. Continue reading

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