“The dynamics of IP contract patterns in the German biotechnology industry – a mixed-methods approach”

Abstract Academic spin-offs play a pivotal role in leveraging the economic potential of scientific discoveries by transferring research results into marketable technologies, products, and services. The creation of a spin-off is frequently formalized through an intellectual property (IP) contract between the research institution and the new venture, which establishes the foundation for the spin-off’s initial growth. While the broad impact of research institutions on IP contract patterns is acknowledged, further investigation is required to ascertain the specific effects of their individual preferences. Furthermore, country-specific characteristics influence technology transfer practices. However, the lack of empirical data on IP contract patterns in research-intensive nations, such as Germany, impedes a comprehensive analysis. This study examines the impact of the individual risk and reward assessments of German public research institutions on the design of IP contract patterns. A sequential mixed-methods approach is employed, starting with a survey of biotechnology spin-offs to collect empirical data on IP contract patterns. This is complemented by semi-structured expert interviews with technology transfer managers to triangulate the survey data and gain insights from the perspective of the research institutions. Our findings suggest that the observed heterogeneity in IP contract patterns can be attributed to the varying risk and reward assessments of research institutions. The resource-based view allows us to demonstrate that these variations arise from institutional preferences regarding the transfer of IP ownership versus licensing IP to spin-offs and accepting spin-off equity and/or cash compensation. The resource-based considerations in question vary between universities and non-university research institutions and are shaped by the individual IP strategies and resource endowments of each.