Squo incentives increase patent thicket risk – and trades off with university education

[Christopher J. Jr., et al. "The Hidden Cost of University Patents." Berkeley Business Law Journal, vol. 21, no. 1, 2024, pp. 203-249. HeinOnline -tm]

Beyond questioning the necessity of university patent ownership to drive commercialization, there are arguments that creating incentives to pursue these patents can result in the overproduction of patentable research and stockpiling of often worthless patents. 41 As an example of this phenomenon, Professor Ritchie de Larena cited one major research institution that spent nearly $2 million developing a patent portfolio around one professor's research, despite the fact that the portfolio did not lead to any income generating licenses. 42 This over­ production of university patents can compound the problem of "patent thickets" 43 (i.e., many overlapping patents owned by multiple parties covering a single invention). 44 But more broadly, the pursuit of patents may distract universities from their core mission: the provision of education and the dissemination of knowledge. 45 These illustrations are but a few of the hidden costs associated with state-funded patent subsidies-from which public investment is never recouped by society.