To date, carrying over and applying research findings into industry and society has only seen limited success. More often than not, the processes of transferring intellectual property (IP) at German universities are too lengthy and complicated, hindering start-up teams’ necessity for fast action and transparent processes. There are neither standardized solutions (blueprints) for the various transfer constellations nor do universities and other research institutions have uniform expertise in IP transfer.
Consequently, spin-off processes are often troubled by uncertainties, even involving conflicts between start-up teams and university technology transfer units. This is because the focus of these institutions is primarily on legally compliant processes and contracts as well as on short and medium-term returns.
In turn, this often inhibits spin-offs or forces teams to agree to conditions with high financial consequences. Financing is therefore unattractive for venture capitalists and that means, promising spin-offs are not given the potential to grow. Slow and less transparent transfer processes also impair the spin-offs’ developmental head start and thwart the start-up teams’ motivation.
‘IP Transfer 3.0 – New Paths to IP Transfer’ is a joint pilot program of SPRIND, the Stifterverband, and the Fraunhofer Institute for Systems and Innovation Research (Fraunhofer ISI). The initiative is also supported by niedersachsen.next startup. The experimental community consisting of 17 universities, non-university research institutions, and research associations is united in the ambition to fundamentally simplify and accelerate the IP transfer process for spin-offs and to shape this process for the future success of new companies.
Together with the IP Transfer 3.0 pilot group and external experts, the project partners have developed an initial version of the IP Transfer 3.0 called the ‘Pocketknife Transfer’. This version aims to address the existing challenges and provide both scientific institutions and start-up teams with the tools to accelerate the IP transfer process at German universities and research institutions in the future while also making it transparent and legally secure.
(1) Recommendations for translating the IP scorecard into an IP transfer model in the research-based spin-off process
(2) IP-Wahl-O-Meter for start-up teams (beta version)
(3) International practice in dealing with IP-based spin-offs from scientific institutions and a comparison to the situation in Germany
(4) Model contracts for transfer models
More information: Pocketknife Transfer
In March and April 2024, the Investor Acceptance Working Group conducted an online survey among German and international investors on the acceptance of the transfer of intellectual property rights (especially patents), in particular on "IP for virtual shares". Among other things, the survey asked about the level of awareness of this model among investors in the early-stage segment and their assessment of the acceleration of spin-off processes.
Summary of the survey results:
118 spin-offs with successful or unsuccessful negotiations on the use of intellectual property (IP) with scientific institutions took part in the online survey in summer and fall 2024. They originate from a large number of universities (share 57.6%) and non-university research institutions (AUF, 48.3%), in individual cases from several institutions. 667 start-ups from the years 2017 to 2023 were contacted, presumably including many that were able to use knowledge and research results without a contract or with a different origin of the business basis. No data on this was available in advance. The responses from the 118 spin-offs show a high level of complexity in terms of contract content and process participants, a mostly very long period of time until the contract is concluded and widespread dissatisfaction with the process flow. The picture is very similar for universities and AUFs.
FURTHER RELEVANT MATERIALS AND SOURCES
The work on the Pocketknife Transfer includes a policy paper, which evaluates the New Paths to IP Transfer at German scientific institutions. The paper also summarizes recommended actions for policymakers and embraces the individual elements of the Pocketknife Transfer. It is a joint publication by the project partners of the IP Transfer 3.0 – New Paths to IP Transfer (SPRIND, Stifterverband, and Fraunhofer ISI, supported by Startup Niedersachsen).
You are welcome to send any questions and feedback on the IP Transfer 3.0 to Stifterverband.