Why Do Some Universities Generate More Start-Ups Than Others

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Research Policy 32 (2003) 209–227

Why do some universities generate more start-ups than others?


Dante Di Gregorio a,b,ÿ, Scott Shane a,1
The

Robert H. Smith School of Business, University of Maryland, 3321 Van Munching Hall, College Park, MD 20742, USA
B
Anderson School of Management, University of New Mexico, Albuquerque, NM 87131, USA

Abstract

The results of this study provide insight into why some universities generate more new companies to exploit their intellectual
property than others. We compare four different explanations for cross-institutional variation in new firm formation rates
from university technology licensing offices (TLOs) over the 1994–1998 period—the availability of venture capital in the
university area; the commercial orientation of university research and development; intellectual eminence; and university
policies. The results show that intellectual eminence, and the policies of making equity investments in TLO start-ups and
maintaining a low inventor's share of royalties increase new firm formation. The paper discusses the implications of these
results for university and public policy.
© 2002 Elsevier Science BV All rights reserved.

Keywords: Entrepreneurship; Technology transfer; university intellectual property

1. Introduction research on the TLO start-ups from the Massachusetts


Institute of Technology (MIT) indicates that roughly
New firms founded to exploit university-assigned 20% of these companies experience an initial public
intellectual property (TLO start-ups) have become an offering (Shane and Stuart, 2002). In fact, several ma
important economic phenomenon. Roughly 12% of jor corporations had their origins as TLO start-ups,
university-assigned inventions are transferred to the including Genentech in biotechnology, Cirrus Logic
private sector through the founding of new in semiconductors, and Lycos in Internet search en
organizations (Association of University Technology gines. Thus, across universities, TLO start-ups are
Managers, 1998). TLO start-ups are also disproportionately both an important vehicle of technology transfer, and
successful start-up firms. Of the 2578 technology li an important mechanism for economic activity.
censing office (TLO) start-ups that have been founded However, the frequency of TLO start-up activity
since 1980, 70% are still in operation (Association of varies significantly across universities. Some university
University Technology Managers, 1998). moreover, sites, like MIT, routinely transfer their technology
through the formation of new firms, while other
An earlier version of this paper was presented at the universities, like Columbia University, rarely generate
Microeconomics Workshop at Purdue University and at the 2001 Global start-ups. Moreover, rates of start-up activity are not
Entrepreneurship Research Conference. a simple function of the magnitude of sponsored re
ÿ
Corresponding author. Tel.: +1-505-246-2060;
search funding or the quantity of inventions created.
fax: +1-909-752-5511.
E-mail addresses: digregorio@mgt.unm.edu (D. Di Gregorio),
For example, Stanford University, with sponsored re
sshane@rhsmith.umd.edu (S. Shane). search expenditures of US$ 391 million generated 25
1
Tel.: +1-505-277-3751; fax: +1-505-277-6898. TLO start-ups in 1997; Duke University, with

0048-7333/02/$ – see front matter © 2002 Elsevier Science BV All rights reserved.
PII: S0048-7333(02)00097-5
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210 D. Di Gregorio, S. Shane / Research Policy 32 (2003) 209–227

sponsored research expenditures of US$ 361 million, generate more TLO start-ups than others do. Section
generated none. To date we have no systematic 3 describes the methodology for the study. Section 4
explanation for why some universities generate more presents the results. Section 5 presents the discussion
new companies to exploit their intellectual property and conclusions.
than others.
Explaining cross-school variation in start-up activity
is important for at least four reasons. First, university 2. The different explanations
inventions are an important source of knowledge
spillovers (Jaffe, 1989), and understanding the TLO start-ups are created when the licensee of a
different mechanisms by which knowledge from university-assigned invention creates a new company
different universities spills over is important to to exploit it. Both micro and macro-level factors
understanding technology creation and economic influence the decision to create a new company to
growth. Second, TLO start-ups tend to locate exploit a university invention. At the micro-level,
geographically close to the institutions that spawn research has shown that the attributes of technological
them,2 making them valuable entities for local inventions themselves (Shane, 2001a), inventors'
economic development and agglomeration economies (Zucker career experience
et al., 1998). (Levin and Stephan, 1991; Shane
Third, successful TLO start-ups generate significant and Khurana, 2000), their psychological make-up
wealth through initial public offerings, and univer sity (Roberts, 1991) ), and their research skills (Zucker et
inventors and provosts are interested in capturing this al., 1998) influence this decision. At the macro-level,
wealth. Fourth, university entrepreneurs make different research has shown that technology regimes (Shane,
decisions from non-entrepreneurs, leading the creation 2001b), the strength of patent protection in a line of
of TLO start-ups to generate important questions business (Shane, 2002), and universities' intellectual
about university norms and policies toward research, property (Goldfarb et al., 2001) and human resource
teaching, and knowledge disclosure (Cohen et al., policies (Kenney, 1986) influence this decision.
1998; Brooks and Randazzese, 1998). ). Although both micro- macro-level factors influence the
In this paper, we empirically explore why some tendency and people to start new firms to exploit
universities generate more TLO start-ups than others. university in ventions, we do not discuss micro-level
In specific, we examine the number of companies factors in this study. The goal of the paper is to
founded to exploit university-assigned intellectual examine the effect macro-level factors that vary across
property across 101 US universities over the 1994– universities over time on the rate at which new firms
1998 period. We investigate four different arguments are created to exploit university inventions rather than
for cross-institution variation in start-up rates: university to develop an overall behavioral model of the decision
policies, local venture capital activity, the commercial to found a firm to exploit university inventions.
orientation of university research, and intellectual Prior research suggests four macro-level
eminence. We find that two university sity policies— explanations for cross-university variation in TLO start-
making equity investments in lieu of patent and up activity. First, universities located in geographic
licensing costs, and the inventor's share of royalties— areas rich in venture capital could be more likely to
and the university's intellectual eminence influence generate TLO start-ups because the abundance of
TLO start-up rates. We find no effect of local venture venture capital makes resource acquisition easier for
capital activity and only limited support for an effect of entrepreneurs. Second, universities that conduct
the commercial orientation of university research on industry-funded research could be more likely to
TLO start-up rates. generate TLO start-ups because they are more likely
This article proceeds as follows: Section 2 presents than other universities to make commercially-oriented
the four explanations for why some universities discoveries. Third, universities that are more
intellectually lectually eminent could be more likely to
two

The Association of University Technology Managers (1999)


generate TLO start-ups because intellectual eminence
reports that 79% of the 364 TLO start-ups in 1998 were founded in schools allow to produce new technologies of current
the state in which the licensing institution is located. or per ceived higher quality. Fourth, universities that adopt
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D. Di Gregorio, S. Shane / Research Policy 32 (2003) 209–227 211

Certain policies could generate more TLO start-ups geographic area (Sorenson and Stuart, 2001). As a
because those policies provide greater incentives for result, efforts to provide new ventures with ties to
entrepreneurial activity. In Sections 2.1–2.4, we important stakeholders are facilitated by geographically
develop each of these explanations. localized investing.
Third, the provision of operational assistance to new
2.1. venture capital technology companies is enhanced by physical
proximity to investment targets (Gupta and Sapienza,
The first argument for cross-university variation in 1992). Venture capitalists spend between 4 and 5 h
TLO start-up activity is the availability of venture capital per month on the site of the companies in which they
in the area. Venture capitalists play an important role invest, and activities with portfolio companies ac count
in the innovation process by providing risk capital and for half of a venture capitalist's time (Gorman and
operating assistance to new high technology firms Sahlman, 1989). Because travel time reduces the
(Florida and Kenney, 1988). In fact, venture capital number of ventures with which an investor can inter
plays a particularly important role in financing university act, geographically localized investing increases the
start-ups because it is a major source of funds for new amount of operational assistance that a venture capital
firms in fields in which universities are a major source firm can make. Moreover, the quality of assistance that
of new technology, like biotechnology (Zucker et al., venture capitalists can offer start-ups decreases with
1998) . geographical distance (Sorenson and Stuart, 2001).
Because formal venture capital is a major source of Several studies have provided empirical support for
equity financing for new technology companies, its the geographical location of venture capital investments
availability is important to overcoming capital market (Gompers and Lerner, 1999; Gupta and Sapienza,
barriers to the financing of new technology firms. In 1992; Lerner, 1995; Sorenson and Stuart, 2001). In
addition, venture capitalists serve “market makers” in particular, Sorenson and Stuart (2001) find that the
a “spot market” for business development resources probability that a venture capital firm will invest in a
by connecting new technology companies with potential start-up decreases with the geographical distance
suppliers, customers, lawyers, manu factorers, and between the headquarters of the venture capital firm
employees (Florida and Kenney, 1988). and the start-up firm—the rate of investment in
Finally, venture capitalists provide valuable operating companies 10 miles from a venture capitalist's
assistance to new technology companies that help headquarters is double that in companies located 100
those companies to grow and compete. miles away. Similarly, Lerner (1995) finds that
Venture capital investments tend to be made locally. geographic proximity influences the composition of the
Moral hazard problems pervade the financing of new boards of directors of venture capital-backed start-ups
technology companies (Sahlman, 1990). Uncertainty —venture capital firms headquartered within 5 miles of
and information asymmetry make entrepreneurs privy a start-up's location are twice as likely to be on the
to information that investors do not have, so it is company's board of directors as venture capital firms
important for venture capitalists to closely monitor their headquartered 500 miles away.
investments in new companies. Because inter personal Evolutionary patterns of regional development,
interaction provides a central mechanism for combined with resource endowments, have created
disseminating information, and this interaction is different distributions of venture capital in different
enhanced by physical interaction and inspection geographical locations (Lerner, 1995). The vast
(Sorenson and Stuart, 2001), geographical proximity majority of venture capital in the US is located in a
lowers the cost of monitoring new ventures (Gompers small number of locations like Silicon Valley and Route
and Lerner, 1999; Gupta and Sapienza, 1992; Lerner, 128 (Florida and Kenney, 1988). If entrepreneurs use
1995; Sorenson and Stuart, 2001). venture capital to found new high technology companies
Second, to link new technology companies with to exploit university inventions, and venture capi talists
potential suppliers and customers, venture capitalists make geographically constrained investments, then
rely on networks of contacts. These networks are more the availability of venture capital in a locality should
easily developed and maintained in a localized influence the rate of TLO start-up activity. This
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212 D. Di Gregorio, S. Shane / Research Policy 32 (2003) 209–227

argument suggests that, ceteris paribus, the greater the the university, the greater the rate of TLO start-up
availability of venture capital in the university area, activity.4.5
the greater the rate of TLO start-up activity.
2.3. intellectual eminence
2.2. commercially-oriented research
The third argument for cross-university variation
The second argument for cross-university variation in TLO start-up activity is university eminence. two
in TLO start-up activity is the commercial orientation of different variants of the eminence explanation have
university research. Universities differ on the been suggested in the literature. The first argument is
degree to which their researchers focus on industrial that better quality researchers are more likely to start
problems. Some universities (perhaps because of their firms to exploit their inventions than lesser quality re
state affiliations or their historical involvement with searchers; and, on average, higher quality researchers
agricultural or industry extension services) focus their are found in more eminent universities. In some fields,
research more closely on the needs of industry than do university entrepreneurs found companies to capture
other universities. The commercial orientation of the rents to their intellectual capital (Zucker et al.,
university research is reflected in the source of funding for 1998). Because this intellectual capital is tacit, and
that research. Commercially-oriented universities belongs to a small set of leading researchers, inventors
receive more of their research budget from industry than must become entrepreneurs to exploit it. More emi
from other universities (Rosenberg and Nelson, 1994). nent schools are more likely to employ leading-edge
The tendency of a university to conduct industry researchers than are less eminent schools. therefore,
funded research and development should increase its the founding of companies to capture rents to
TLO start-up rate for three reasons. first, industry intellectual lectual capital will be more common at more eminent
tends to fund more commercially-oriented research schools than at less eminent institutions.
than the government, and a commercial orientation The second argument is that the university's prestige
should increase the likelihood of discovering or reputation makes it easier for researchers from
technologies that have sufficient commercial value for people more eminent universities to start companies to exploit
to found companies. their inventions than researchers from less eminent
Second, industry tends to fund less risky research universities. Obtaining the resources necessary to be
than the government funds (Arrow, 1962). more tablish a technology company requires entrepreneurs
risky research is more problematic for firm formation to persuade resource providers to give them money
because single technology new companies cannot under conditions of information asymmetry and
exploit the economies of scope in technology devel
4
opment that allow large firms to diversify these risks Readers should note that an alternative argument could be
made—the rate of TLO start-ups is inversely proportional to the
(Nelson, 1959).
commercial orientation of university research funding. When the
Third, being more basic, government-funded company contributes research funds, it sometimes obtains the right
research tends to suffer from greater information of first refusal to license any discoveries that come from that re
asymmetry problems than does industry-funded re search. As a result, more industry funding could lead to fewer
search. Because entrepreneurs obtain money through start-ups because it leads the university to license a greater portion
of its inventions back to the firms that fund the research.
market-mediated transactions,3 information asymme 5
In our regressions to predict the effect of the commercial
try problems result in failures in venture finance orientation of university research on the rate of TLO start-up
markets. Thus, information asymmetry problems make it activity, we control for the number of inventions produced in the
less likely that entrepreneurs will be able to finance university-year. This control is important because new firm for
companies to commercialize government-funded mation might depend on the attributes of technological inventions
themselves (Shane, 2001), rather than on university orientation. At
research than industry funded research. The above
a result, the number of commercially-oriented inventions, rather
arguments suggest that, ceteris paribus, the greater the than the university's commercial orientation might drive the TLO
amount of commercially-oriented research activity at start-up rate. By partialling out the effect of the number of inventions
in regression analysis, we can examine the effect of com mercial
3
They lack positive cash flow from existing operations. orientation net of the effect of the number of inventions.
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D. Di Gregorio, S. Shane / Research Policy 32 (2003) 209–227 213

uncertainty. Because problems information preclude different licenses for particular types of technology,
investors from completely evaluating the technology the inventor's earnings will increase with his or her
under question, investors often make their evaluation share of the royalties if the technology is licensed to
of entrepreneurs and their ideas on the basis of an existing firm. In contrast, if the inventor starts a
perceived signals of quality. One signal that investors use company, his or her earnings will not increase with his
is the intellectual eminence of the researchers and the or her share of the royalties. Therefore, the greater the
institution spawning the venture (Podolny and Stuart, inventor's share of the royalties, the greater the op
1995). Investors believe, rightly or wrongly, that more portunity cost of starting a firm to exploit the
eminent universities produce technology that is more technology, and the lower the incentive to seek from profits
worthy of funding than less eminent universities, and an invention by founding a firm. therefore, ceteris
therefore encourage greater firm formation from more paribus, the size of the inventor's share of royalties
eminent institutions. Both variants of the intellectual should be inversely related to the TLO start-up rate.
eminence argument suggests that, ceteris paribus, the Second, the use of incubators could influence the
greater the intellectual eminence of the university, the cost of start-up activity. Most university technologies
greater the rate of TLO start-up activity. embryonic and development on them is necessary
before they can be sold in the market place (Jensen
2.4. University policies and Thursby, 2002). Incubators allow entrepreneurs to
“ripen” technologies in close proximity to inventors
The fourth argument for cross-university variation whose inputs are useful for further development. in
in TLO start-up activity is that universities differ in addition, incubators reduce the cost of development
their policies toward technology transfer and that through subsidies and sharing of general administration
those policies shift activities at the margin toward or had costs. Therefore, ceteris paribus, the use of incu
away from start-up activity. In particular, previous bators should increase the TLO start-up rate.
researchers have suggested the importance of four Third, the use of internal venture capital funds
different policies. could make the acquisition of capital easier for TLO
First, the distribution of royalty rates between start-ups. Venture capitalists are more likely to invest
inventors and the university could influence the propensity in companies that are referred to them by colleagues
of entrepreneurs to found firms to exploit university in or that are founded by people that they know because
ventions. Universities typically earn profits from their these ties provide investors with information that mit
inventions through royalties on the gross sales from li igates the information asymmetry problems inherent
censing that technology. Universities have policies that in financing new technology companies (Sorenson
divides these profits between inventors and the and Stuart, 2001).
university. This arrangement means that inventors can earn However, most university personnel are not
profits from their inventions either from royalties paid members of the information networks of venture
by licensees, or from the profits (net of royalties) made capital ists. Their focus on research and teaching does not
from commercializing the technology themselves.6 require interaction with venture capitalists, but in stead
The dual nature of potential inventor compensates requires interaction with other economic actors.
tion from invention creates an inverse relationship Because university administrators with whom univer
between royalties and incentives for inventors to sity personnel interact administer university venture
found firms. Assuming constant licensing rates across capital funds, potential university entrepreneurs are
more likely to have direct or indirect connections to
6
This argument assumes that the inventor's royalty is not dif the administrators of university venture capital funds
ferentially affected by licensing negotiations between the univer sity than to general venture capitalists. These connections
and the licensing firm, and that that the inventor's income facilitator the flow of information about the potential
is not differentially affected by the size of after-license consulting
entrepreneurs and mitigate the information asymme
contracts, when the licensee is an inventor start-up and when
the licensee is an independent entity. Because the current research
try problems in venture finance. therefore, ceteris
project cannot examine this assumption, future research should paribus, the presence of internal venture capital funds
consider its veracity. should increase the TLO start-up rate.
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214 D. Di Gregorio, S. Shane / Research Policy 32 (2003) 209–227

Fourth, the university's willingness to take an equity annual observation for the university,7 except when
stake in TLO start-ups in exchange for paying patent the different campuses employed distinct policies and
ing, marketing, or other up-front costs could facilitate procedures and maintained independent TLOs.8
the formation of start-up companies. Unlike estab Although the dependent variable of interest, TLO
washed firms, new firms lack cash flow from existing start-up activity, was obtained from the AUTM sur vey,
operations, making them cash constrained. university the data for predictor and control variables were
equity investments made in lieu of paying patent costs obtained from a variety of sources, including venture
or up-front license fees reduce the cash expenditures capital databases, the United States Patent and
of new firms, facilitated firm formation (Hsu Trademark Office (USPTO) database, and a survey
Bernstein, 1997). Therefore, ceteris paribus, the administered to TLO directors. To obtain information
willingness of a university to make equity investments in regarding university policies from 1994 to 1998, we
TLO start-ups should increase the TLO start-up rate. surveyed the 116 universities in our sample by both
e-mail and telephone. We asked the TLO directors to
indicate their policies for each year from 1994 to 1998.
3. Methodology Of the universities surveyed, 101 responded,
providing a response rate exceeding 87%. We compared
In this section, we describe the sample and variables respondents to non-respondents in terms of patenting
included in the analysis, and provide an overview of and start-up activity and found no statistically
the analytical methods we employed. significant differences at the P < 0.10 level. The
non-respondents provided a variety of idiosyncratic
3.1. sample reasons for not participating (eg some do not participate
in surveys as a matter of policy, while others
Universities regularly retain the right to intellectual had experienced turnover and were unable to provide
property generated by faculty and staff, leading historical information regarding policies). therefore,
university technology licensing offices to track the we are confident that non-response to our policy
life histories of the intellectual property that they questions does not hinder our analysis.
create. Because of the interest of universities in The sample for our analysis is restricted to the
tracking their property, university technology 101 universities that are both in the AUTM database
licensing offices are aware of virtually all start-ups and responded to our survey. Because some university
firms that are created to exploit intellectual university sites report start-up data for only some years, our
property. sample consists of 457 university-year observations.
The Association of University Technology Managers However, the sample includes of 89 of the top 100
(AUTM), a professional association governed US universities in R&D volume, and accounts for
by and for TLO officers, annually surveys university approximately 85% of all US patents issued to
technology licensing offices to obtain information universities, based on statistics maintained by the USPTO.
proprietary to patenting, licensing, and start-up firm Although the exact number of TLO start-ups is un
activity, as well as information on funding, staffing, known, the sample appears to account for the vast
and certain policies. AUTM has collected data per majority of the population of such firms, and selection
taining to start-up activity since 1994. Because we bias does not hinder our analysis of the data.9
use panel data analysis techniques, we gathered data
on start-up activity from 1994 to 1998 for the 116 7
The AUTM licensing data is most often reported at the level
universities for which 2 or more years of TLO start-up of the university system. It is not possible to examine campuses
data are available from AUTM. of the same system separately.
8
We seek to examine the effect of university police Although most state medical schools share a single TLO with
the state university, we consider three state medical schools
on the start-up rates. We define the university in
separate institutions due to their distinct policies and administration.
our analysis as an entity that operates under a single 9
It is important to note that the sample represents the population
set of policy rules. Therefore, we aggregated of universities that generate inventions. It does not represent the
data from multi-campus universities into a single population of US educational institutions.
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D. Di Gregorio, S. Shane / Research Policy 32 (2003) 209–227 215

To gather data on venture capital activities in of local venture capital: the number of local companies
different locations, we examined the Venture Economics receiving funding from venture capitalists in a given
database, administered by Thomson Financial year; the amount of venture capital funding received
Services. The Venture Economics database is the by local firms in a given year; the number of local
leading source of data on venture capital activity in the venture capital funds in a given year; and the amount
US (Gompers and Lerner, 1999). of funding provided by local venture capital funds in a
To gather data on intellectual eminence, we utilized given year.11,12,13 We defined local venture capital
the assessment score for overall graduate school as the amount of activity occurring in all telephone
which ity reported in the Gourman Reports (Gourman, area code zones within 60 miles of the each
1994, 1997), widely used assessment of graduate and university.14 Area codes were used to delineate
professional degree programs. The Gourman Report geographic ar eas in order to avoid errors of inclusion
assessment incorporates the perceived and actual or omission that would be likely to occur by defining
quality of the university's graduate programs in regions by state.
medicine, engineering, business, physical sciences,
social sciences, humanities, and other fields into a 3.3.2. Commercially-oriented research
single measure of graduate school quality.10 The To measure if the commercial orientation of
measure is derived from an assessment of several university research increased the TLO start-up rate,
factors that are believed to influence graduate school we examined the proportion of each university's spon
quality, including the caliber of faculty, adequacy of sored research budget in a given year that was industry
facilities, breadth of curriculum, funding levels, and funded.15 Because overall magnitude may be more
research productivity. important than percentage allocation, in an alternative
Lastly, we obtained patent data by searching the specification, we measured commercial orientation as
online database of US patents maintained by the the dollar value of industry funding, while controlling
United States Patent and Trademark Office. For each for government funding. We gathered these data from
university-year, we performed a search of the name of the AUTM licensing survey.
the university and/or foundation designated by the
university as the assignee for its intellectual property. 3.3.3. Intellectual eminence
We then tabulated the total number of patents in each To measure if university eminence increased the
university-year. The results of our search correlated at TLO start-up rate, we graduated the overall academic
0.95 with the self-reported patent data provided by the rating score of schools published in the Gourman
universities to AUTM. Reports (Gourman, 1994, 1997). Because this survey
is produced every 3 years, we update the scores in
3.2. dependent variable 1994 and 1997. Three medical schools in the

The dependent variable is a count of the number of 11


We do not lag the independent variables because we expect that
TLO start-ups from a given university in a given year. the current year independent variables, rather than past year
independent variables, influence the start-up decision.
3.3. predictor variables 12
In our regression analysis, we use the number of local companies
receiving venture capital funding in a given year as our primary
measure and treat the other measures as tests of robustness in other
3.3.1. Venture capital availability
regressions.
To measure the effects of venture capital availability 13
Because the venture capital measures are non-normally dis
on the TLO start-up rate, we examined four measures tributed, we also examined natural log and square root transmations.
The results for the transformed variables are qualitatively the same
10
We also examined regressions that substituted the engineering as those for the untransformed variables. We report the untransformed
school ranking for the overall ranking. The results are substantively variables for ease of interpretation.
14
the same as those with the overall rankings. We do not report the The area code was available for approximately 85% of the data
analysis with the engineering school rankings because the sample in the database.
15
size is reduced by 21 universities that do not offer graduate degrees Prior research shows that this proportion captures the university
in engineering. to conduct tendency applied research (Henderson et al., 1998).
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216 D. Di Gregorio, S. Shane / Research Policy 32 (2003) 209–227

sample do not offer graduate degrees in fields outside facilities to foster new companies. In some instances,
of health sciences, and therefore did not receive over university incubators may be independently operated,
all graduate school scores in the Gourman Report. but work jointly with the university. In other cases, the
For these universities, we used the scores for their incubators may be units of the university.16 In our
medical schools in our regression analysis. In unre survey, we asked the TLO directors whether or not the
ported regressions, we examined the data excluding university provided access to either type of incubator
the three problematic institutions. We find that their for TLO start-up firms during each year from 1994 to
inclusion or exclusion does not qualitatively alter the 1998. We included a dummy variable of one for the
results. university-year in our regression analysis if the
response was affirmative.
3.3.4. University licensing policies: the inventor's
share of royalties To measure if royalty policies 3.3.6. University licensing policies: equity policies
influenced the TLO start-up rate, we examined the and practices To measure if equity policies influenced
inventor's share of royalties from technology licensing. the TLO start-up rate, we could whether or not make
The inventors of technologies licensed by universities an equity investment in TLO start-ups.
receive royal ties based on a rate that is virtually
always explicitly stated in published university policies. Anecdotal evidence suggests that the university policy
The percentage of royalties distributed to inventors of making an equity investment in lieu of requiring
may be constant, as is the case in the majority of reimbursement of patenting and licensing expenses
universities included in our sample, or may be will enhance the university start-up rate by reducing
established on a sliding scale that typically decreases capital constraints on firm formation. We measured
according to the amount of royalties received by the this practice through the use of a dummy variable of
university. We contend the distribution rate affects start- one in the university-year if the information provided
up activity by altering the perceived opportunity cost of by each university to AUTM indicated that the univer
an inventor. Because the inventor's share of royalty sity took an equity stake in at least one licensee in any
rates sometimes forms a range that is affected by the prior year.
outcome of the license (ie declining or increasing We also tested an alternative measure of equity
percentages as sales increase), inventors cannot know policies derived from the surveys we sent to TLO
ex ante the exact share of roy alties that they will directors. We asked the TLO directors whether or not
receive. Therefore, in our primary analysis, we use the their university was permitted to take an equity stake
minimum percentage of total royalties distributed to in licensees of university intellectual property for each
inventors as an indicator of the perceived opportunity of the years covered in the study. This indicator
cost. In alternative regressions, we were sure the variable took a value of one if the university's policies
distribution of royalties by the amount of royalties an did not explicitly prohibit the university from taking an
inventor would receive on a patent that yields US$ 1 equity stake in a licensee in a given year.
million in royalties to the university. While this amount
clearly exceeds the average amount of royal ties
received for university patents, inventors are most 3.3.7. University licensing policies: venture capital
likely to start a firm to exploit their technology when investment by universities
they believe their invention has better-than-average To measure if university venture capital funds
prospects. influenced the TLO start-up rate, we asked TLO
directors to indicate whether or not their universities
3.3.5. University licensing policies: incubators were allowed to make venture capital investments in
To measure if the presence of incubators influenced licensees of university technologies. We include the dummy varia
the TLO start-up rate, we examined whether or not
TLO start-ups had access to technology incubators. 16
As an indicator variable, this measure does not account for
University officials often argue that they can enhance variation in size, funding, and quality of assistance among incu
the start-up rate out of their TLOs by using incubator bators.
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D. Di Gregorio, S. Shane / Research Policy 32 (2003) 209–227 217

of one if the university is permitted to make venture nology that is of interest to the private sector. By con
capital investments in licensees in a given year.17 trolling for licensing agreements, rather than invention
disclosures or patents, we can measure the frequency
3.4. Control variables of start-up activity, ruling out the possibility that we
are simply capturing the commercial value of different
3.4.1. Number of inventions schools' inventive output. As a result, using this
Because we expect that the number of TLO start-ups control for inventive output, we capture the idea that
would be related to the number of inventions pro duced there are many inventions that are not of interest to
by the university, we control for the production the private sector, and that there are routes to
of technology in three different ways. First, we examine commercialization other than start-ups.
the number of patents issued to the university in The invention disclosure and licensing data were
the year under investigation. Second, we examine the derived from the AUTM surveys, while patent data
were obtained from the United States Patent and
number of invention disclosures in the university-year.
Trademark Office database.
Third, we examine the number of licenses and option
agreements signed in the university-year.18 We
examine each of these measures of inventive output 3.4.2. Number of technology licensing office staff
(in different regressions) because each measure has The assistance in technology transfer that between
advantages and disadvantages. invention disclosures preneurs may exceed that required by estab lished
capture the overall inventive activity at a university, companies. In addition, licensing contracts with
whether or not those inventions are of interest to start-ups often involve exclusive licensing (Jensen
firms. Invention disclosures are also less biased by the and Thursby, 2002), and the negotiations for such
patentability of inventions in different types of contracts may be more time intensive. therefore, we
technology (eg software should generate fewer patents control for the number of technology licensing office
per invention than will drugs), than patents. However, staff, measured in full-time equivalencies (FTEs).
universities have different rules about invention dis
3.4.3. Sponsored Research Expenditure
closures, making them more subject to institutional
Because the intellectual property exploited by TLO
variation in their measurement than patents, which
start-ups is created through investment in research, the
must meet the same federal requirements. In addition,
amount of research inputs is likely related to start-up
add universities pre-screen potential inventions and
rates. Therefore, we control for the amount of spon
encourage inventors to disclose only if they believe
sored research expenditures in the university-year.
that the inventions are patentable.19
We control for total sponsored research funding,
Unlike invention disclosures and patents, licenses
except in a model that includes industry funding (rather
and option agreements capture the production of tech
than industry funding as a percentage of total funding)
17
as a predictor variable. In the latter case, we control
The venture capital investment variable reflects the explicit for the total amount of government funding.20 We
policies of universities. It is also correlated with the previous
gather these data from information reported by the
variable, equity investment, because a university must first be
universities to AUTOM.
able to take an equity stake in a licensee (ie a passive form of
investment) in order to make a direct venture capital investment
in the license. 3.4.4. Year dummy variables
18
We also examined the number of patent applications in place Patenting and start-up activity is significantly higher
of the number of patents issued. The results are substantively the
in 1997 and 1998 than in other years. To account for
same with patent applications as with issued patents.
19
We also explored whether lagging patent applications and annual variations in patenting and start-up activity, we
invention disclosures changes the effects of these variables. The
20
results are substantively the same when we lag each of these Because this variable is non-normally distributed, we also
variables for 2 years. Because we don't know the actual lag between examined the square root of this variable. The results are which
invention disclosure or patent application and start-up, the length itatively the same with the transformed and non-transformed
of the time lag we selected was arbitrary. Therefore, we report variables. For ease of interpretation, we report the results with
the regression analyzes with the unlagged variables. the non-transformed variables.
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218 D. Di Gregorio, S. Shane / Research Policy 32 (2003) 209–227

include indicator variables for all but the first year of have also justified assuming either an auto-regressive
the sample period. (AR) or an unstructured correlation structure. There
fore, we also estimated AR1 and unstructured models
3.5. Estimation and model specification in order to assess the robustness of our results. In
both cases, assuming an alternative correlation
We analyzed the 5-year panel compiled for this structure had no meaningful impact on the significance
study utilizing negative binomial models in generalized or magnitude of the results.
estimating equations (GEE), which are an extension Of the 101 schools in the sample, 17 had no start-
of generalized linear models applied to long gitudinal up activity in any year. Typical fixed effects models
data (Liang and Zeger, 1986). Our choice of analytic for estimating panel data cannot estimate effects for
technique depended on five factors: (1) our dependent samples that include respondents for which there is
variable took the form of count data; (2) the standard no variation in the dependent variable over time. How
errors are likely to be auto correlated over time; (3) ever, we that universities for which we observe no
the covariance structure itself was not of central TLO start-up over the observation period were some
interest to us; (4) a significant portion of our sample different start activity from those in which there there
involved schools that generate no start-ups during our was some activity. Therefore, dropping those
observation period; and (5) unobserved school-level observations would likely bias the estimates in the
heterogeneity likely influences start-up activity. regression analysis. Estimating our regressions using
GEE allowed for the inclusion of universities for which
We employed a negative binomial estimator be no start-up activity was observed during the sample
cause our data takes the form of count data with large period.
numbers of zeros. Consequently, least ordinary Initially, we also estimated random-effects
squares regression is inappropriate. When we employed to estimate tors clustered on deal with the
examined the distribution of the dependent variable potential for observed heterogeneity in unaccounting
as a Poisson, a goodness-of-fit test rejected the for the start-up rates across schools. However, the
Poisson assumption because of over-dispersion, Hausman test indicated the assumptions upon which
suggesting that negative binomial models are more the random-effects model is dependent were untenable.
appropriate than Poisson models to analyze the data. For purposes of comparison, we also report a model
Therefore, we ran negative binomial models to predict without robust clustering on university as well as a
the number of start-ups for each school in each year. random-effects negative binomial model. As shown
The use of a generalized linear model for time below, the results of these models are not markedly
series data corrects for the problem of auto correlation different from the core GEE model, lending confidence
results from unobserved factors that influence patterns in the robustness of our results to the choice of analytic
in particular schools over time (Greene, 1990). In technique.21
particular, the generalized linear model we used
corrects for autocorrelation of residuals (Liang and Zeger, 1986).
GEE is also the most appropriate technique for the 4. Results
analysis of non-Gaussian longitudinal data for which
the dependence of the outcome on the covariates Table 1 presents summary statistics for all variables
requires estimation but the covariance structure included in the sample. Table 2 presents the results
of
across time is not of central interest (Liang and Zeger, 1986). the regression analysis. In Table 2, model 1 pro
Because we had multiple observations for each vides the main model. Models 2–9 provide a series of
university and we wanted to account for the covariance robustness checks using alternative measures for
relationships over time, we specified the correlation
21 The random-effects model allows us to rule out the possibility
between the error terms to be exchangeable—
that the results we present are artifacts of unobserved heterogeneity
correlated similarly across time for each school to in such things as the relative emphases of different schools on
account for expected correlations between the errors different scientific fields and the presence or absence of engineering
for each school over time. Alternatively, we could and medical programs.
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predictor and control variables. Models 10–13 provide inventor's share of royalties by 10% implies 0.40 fewer
robustness checks by examining alternative estimation start-up firms per year, a decrease of 20% from the
techniques. Overall, the results provide substantial mean. When royalties are measured by the amount
evidence that universities' intellectual eminence and distributed to inventors on a patent yielding US$ 1
licensing policies have a significant impact on TLO million in total royalties, rather than the minimum
start-up activity, while providing little evidence that distribution rate, the effect size is even greater. By
venture capital availability and the commercial increasing the opportunity cost of starting up a new
guidance of research influence TLO start-up activity. venture, a high inventor share of royalties provides a
The university's intellectual eminence significantly disincentive to potential inventor-entrepreneurs.
predicts TLO start-up activity. The estimated coefficient The other licensing policy that appears to influence
for this variable,22 shown in model 1, implies, ce teris start-up activity is equity policy. Ceteris paribus,
paribus, that an improvement in graduate school universities that have previously demonstrated a
quality by one point is associated with a start-up rate willingness to take an equity stake in licensees in
of 1.68 times the base rate. Put differently, an increase exchange for paying up-front patenting and licensing
in intellectual eminence by one standard deviation is expenses have a start-up rate that is 1.89 times that
associated with approximately one additional start-up of universities that have not demonstrated willingness to take equ
firm per year. Thus, more eminent universities appear When equity practices are rather assessed by the
not only to generate a greater amount of patentable universities' explicit policies than their actual practice,
intellectual property, but also—since licenses, patents, the size effect is slightly diminished. Universities that
and invention disclosures are controlled for in the are permitted to take an equity stake in licensees
models we have estimated—create more start-ups to report a start-up rate 1.69 times that of universities
exploit that property. that are not permitted to make equity arrangements.
Although the precise mechanism through which Universities that retain the ability to accept an equity
this effect operates is not entirely clear, we have stake in licensees instead of direct reimbursement
received two explanations. First, researchers from costs for patenting and licensing appear to foster
more prestigious universities are better researchers greater start-up activity by providing greater liquidity
and thus are more likely to create firms to capture the to entrepreneurs.
rents to their rare and valuable intellectual property The two additional policy variables that we tested—
(Zucker et al., 1998). Second, since investors use the presence of a university-affiliated incubator and
signals, such as institutional reputation or prestige, to whether or not the university is permitted to actively
help assess the commercial potential of university make venture capital investments in licensees—do
technologies, inventors from more prestigious not appear to have an impact on start-up activity. The
universities may be better able to obtain the necessary co efficient on the incubator indicator variable is
capital to start their own firms. positive as expected, but is not significant. The
Our findings also indicate that two sets of university coefficient on the venture capital investment indicator
licensing policies—policies regarding the distribution variable is currently negative, but is also not significant.
of royalties to inventors and whether or not the Therefore, we find no evidence that these practices
university is permitted to take an equity stake in influence TLO start-up activity.
licensees—appear to influence start-up activity. As in Our findings provide little support for the contention
the case of intellectual eminence, these results are that universities that conduct more commercially
robust to different estimation techniques, and are also oriented research will experience greater TLO start-
robust to different operationalizations of the predictor up activity. When commercial orientation is measured
variables. Ceteris paribus, the minimum percentage by the percentage of total sponsored research funding
of royalties distributed to inventors is inversely related that is derived from industry sources, the estimated
to a start-up activity such that an increase in the coefficient is positive but is not significant. However,
in an alternative specification in which commercial
22
In all of the models, we report the exponentiated coefficients for orientation is measured by the dollar amount of
ease of interpretation. industry funding (model 5), the coefficient for industry
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funding is positive and significant. At US$ 10 million We believe that one of the major strengths of this
increase in industry sponsored research funding is study is that the sampled universities jointly account
associated with an increase in start-up activity of 0.13 for the vast majority of university patenting activity
firms (6.7%) per year, ceteris paribus. in the US. By extension, they most likely account
Finally, our results provide no evidence that TLO for the vast majority of TLO start-ups. Another major
start-up activity is influenced by the local availability strength of the study concerns the mitigation of
of venture capital funding. We operationalized local selection bias. By examining technology licensing of
venture capital availability in four different ways fice start-ups, we examine a documented source of
(ie models 1 and 6–8), and the coefficients are not new companies, thereby minimizing the problems of
significant in any of the models we estimated. selection bias in accounting for start-up activity to
As a robustness check, we examined the predictive exploit other types of new technology developed in
validity of our main model on subsamples of more universities.
eminent and less eminent schools by dividing our However, our research design limits our sample to
sample in half at the median on the eminence score. We the most active research universities, and is therefore
show these results in Table 3. For the more eminent not a random sample of all higher education institutions.
schools, we find that our results are even stronger than Moreover, our approach limits our analysis
for the entire sample. Intellectual Eminence and Equity to new firm formation to exploit university-assigned
policies have a positive effect and the inventor's share technology. Therefore, our ability to generalize to
of royalties has a negative effect on the start-up rate. colleges and universities that are not research-oriented,
Moreover, the magnitude of the coefficients is greater or to generalize to start-up activity that is not designed
than that for the overall sample. For this subsample, to exploit university-assigned intellectual property,
we still find no effect for local venture capital. How is limited. For instance, we have found that a com
ever, for more eminent universities, the industry share mercial orientation, the availability of venture capital
of sponsored research has a positive effect on start-up funds, and TLO policies and practices such as the
rates. presence of an incubator do not predict TLO start-up
In contrast, our model holds less well for less at activity among the sampled universities. We cannot
inent universities. For this subsample, we find that rule out the possibility that these practices may
only the policy of taking equity appears to influence facilitate itate start-up activity among colleges and universities
start-up rates. Overall, the examination of the sub that are not research-oriented or influence other types
samples supports our overall findings, but suggests of university start-up activity.
that start-up rates at less eminent universities are Nevertheless, our findings have four important
driven by more idiosyncratic factors than start-up implications for research on and policy towards uni
rates at more eminent institutions. versity technology transfer and start-up activity. First,
we find no evidence to support the argument that cap
ital market constraints limit TLO start-up activity in
5. Discussion particular locations. Although other forms of private
equity (eg angel capital) might influence start-up
In this study, we compared four different nations for activity in ways that we cannot observe, we find that
cross-institutional variation in new firm the amount of formal venture capital available in a
formation rates from TLO offices over the 1994–1998 particular location has no significant effect on start-up
period—the concentration of venture capital in the activity out of TLOs once university technology pro
area; the reliance of university research and duction is measured. This result is consistent with
development on industry funding; intellectual eminence; and the work of Zucker et al. (1998) who found that venture
university policies. The results show that the intellectual capital availability did not significantly influence
lectual eminence of the university, and the policies start-up activity in biotechnology once the distribution
of making equity investments in TLO start-ups and of intellectual capital across time and space was
maintaining a low inventor share of royalties increase considered. Our findings, like Zucker et al. (1998),
new firm formation activity. suggest that capital markets distribute venture capital
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D. Di Gregorio, S. Shane / Research Policy 32 (2003) 209–227 225

efficiently over geographic space; and the availability that future researchers may wish to explore. For
of local venture capital is not a constraint on TLO example, how should universities manage TLO start-
start-up activity. up activities given that taxpayer funds have been
This result also suggests that venture capitalists used to fund that research? And what role will
may be late stage investors in university technology. universities play in technological development if basic
Other sources of funds, such as angels, government research is transferred to the private sector through
agencies, and universities themselves (through equity proprietary start-up ventures?
investment in their own start-ups), may be more Third, we find evidence that several university
important in the early stages, and thus may be technology transfer policies enhance TLO start-up
catalysts for new firm formation and economic development.activity. In particular, low inventors' share of royalties
Our findings direct further research efforts towards and willingness to make equity investments in TLO
investigating the relative importance of both differing start-up companies increase start-up activity. These
funding entities and funding constraints on firm findings suggest that universities can make policy
formation as a mode of exploitation of university decisions to generate greater numbers of TLO start-ups.
technology. These policy tools are important because start-ups
Second, although the effect of industry funding on and established firm licensees differ in several
start-up activity may be lagged in ways we cannot important ways, including their tendency to contribute
estimate, or influence start-up activity in a way that to local economic development, their tendency to
we cannot observe, we fail to find adequate support generate significant income for universities, and their
for the argument that industry funding of university decisions toward knowledge disclosure and research
research makes TLO start-up activity more likely. norms. Understanding the implications of these policy
In fact, our results are consistent with anecdotal tools is also important because they may generate
information on TLO start-ups that suggest that many conflicting incentives. In particular, many universities
of these companies seek to exploit basic scientific distribute a high percentage of royalties to inventors
discoveries (Association of University Technology in order to encourage the reporting and exploitation
Managers, 1996). of inventions; however, our results suggest that high
One reason why the commercial orientation of a distribution rates also serve as a disincentive to the
university does not predict its start-up rate could be creation of start-up firms.
countervailing effects of commercial orientation. The results also show, however, that many policies
Although a commercial research orientation might advocated as mechanisms to increase TLO start-up
generate a pool of university inventions that are more activity appear to have little effect. In particular, the
appropriate for a new firm formation than is generated effects of university-affiliated incubators and uni
from a governmental research orientation, the funding versity venture capital funds are insignificant. One
structure necessary to generate university inventions reason why the presence of incubators has an
might mitigate the benefits of this better pool of insignificant effect on start-up rates may be that
inventions. Because private firms might be very likely potential entrepreneurs do not consider the use of
to license commercially valuable inventions that are incubators when making the start-up decision.
generated from research that they fund, any increase Consequently, the existence of incubators merely
in the pool of commercially valuable inventions that a shifts the location of start-ups (to incubators from
commercial orientation licensing may be siphoned off outside) rather than increasing the amount of them.
by greater invention licensing by the private sector Although we can conclude that having access to an
creates providers of research funds As a result, there incubator does not influence the rate of TLO start-up
is no net effect on the TLO start-up rate of the activity; our analysis sis cannot determine if university-
university's commercial orientation. affiliated incubators influence the success of TLO start-ups.
Nevertheless, the observation that TLO start-ups One reason why university venture capital funds
are as likely to occur when government funds univer have an insignificant effect on start-up rates may be
sity research as when the private sector does so that university entrepreneurs develop adequate ties
raises several interesting and important policy questions to external venture capitalists to provide the
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226 D. Di Gregorio, S. Shane / Research Policy 32 (2003) 209–227

investors with information about them through Acknowledgments


technical due diligence or other activity. As a result,
TLO entrepreneurs can obtain adequate amounts of The authors equally contributed to the writing of this
external venture capital. Therefore, university venture paper. We would like to thank Rebecca Henderson,
capital merely substitutes for, rather than adds to, David Hsu, Riitta Katilla, Wes Sine, Deepak Somaya,
external venture capital in its effect on start-up activity. Jerry Thursby, and Rama Velamuri for their helpful
Although we cannot be sure why these policies have comments on an earlier draft of this paper.
no effect on start-up rates, we believe that university
officials, researchers, and policy makers will find the
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