Category Archives: Chemical Industry

Buy Side Sell Side

In the business world, most people will claim to appreciate the value of competition. Everybody understands how competition causes prices to trend downwards . And everybody has a basic grasp on the argument that monopoly domination of a market is ultimately stifling to innovation.  But despite this understanding of the merits of competition, people still try to get as close to monopoly as they are allowed. 

There are two sides to any business- the sell side and the buy side. The sell side hates competition and the buy side loves it. The sell side wants to eliminate competition and grab as much market share as it can.  The buy side wants to promote competition to drive down the cost of raw materials and services.  All businesses have this sort of left brain, right brain relationship with competition.

The sales folk know all too well the blinding power of competition.  I remember many meetings where I have made heartfelt and sincere presentations to reassure a customer that our company is there for them , but regrettably the product we had been supplying for years was going to suffer a minor price increase.  My Swiss Army knife of sales tools was wide open and all of the tools had gouge marks on them. The customer seemed pursuaded.  But this was the calm before the storm. 

At first, and with a hurt look on his face and an alligator tear running down his cheek, he’ll exclaim that it has come to his attention that there are two other vendors with substantially better pricing. Then, stiffening up noticeably, he’ll go on to say that apparently they had been paying far too much for far too long.  Some procurement people will even accuse you of making them look bad in front of their management. Others will just shrug and sit there staring at you silently, waiting for you to hack up a price concession.

This is the point where the skilled sales person gives a performance worthy of Lawrence Olivier. You regain your composure and put on the most cheerful face you can.  Here is where your collection of euphamisms comes in handy.  My personal favorite- “Well, we’ll have to go back and sharpen our pencils and see what we can do.  We’ll be in touch soon”.  Did you get that? Sharpen our pencils?  The really smooth purchasing people will use it first- “We think you need to sharpen your pencils on this pricing…”.

When a purchasing person says this to you, it is actually a gift. It is a graceful way of saying that you need to stop being stupid and requote a fair price. It is a gift because they haven’t disqualified you just yet. It is a last chance.  Some purchasing people are very haughty and take high prices personally. When you ship a quote to them that was out of line, they won’t even bother to reply or try to negotiate.  Like a fly, they just hop over to the next hot dung pile.

Starting a Chemical Business

Starting a chemical business seems so reasonable.  Get some space, build or buy a hood, get the basic stuff- glassware, a rotovap, a vacuum pump, some chemicals, and start to work.  We chemists are able to do the lab stuff.  Basic transformations, separations, purifications, etc.  We exist to do these things.  But transmuting matter is the easy part.

There are many other things to do beyond mere synthesis when you have a company. You have to manage a physical facility. Deal with the state health department to get a haz waste permit so someone will come get your waste.  Bring in the fire department to inspect the place, review your emergency plans and MSDS collection so they can arrive informed of what to expect in an emergency.  You need to find an insurance carrier to provide some basic insurance coverage for the site.  

Cash flow is life itself. You need to have cash in reserve to pay for raw materials well in advance of shipping your product out the door.  It’s called working capital.  Figure on carrying the cost of raw materials for several months before you actually get paid for your product.  Once you do get the product shipped, the payment terms clock begins. Most companies offer 30 days net.  This is called commercial credit and do not expect to get it easily from your suppliers.  Of course, your customer will expect 60 days net. 

To get commercial credit, you’ll have to get a Dunn & Bradstreet number. Then you’ll have to fill out applications and hope that you can get approximately decent terms. Chemical companies have a certain amount of due diligence to do when starting a new account. They will allow a modest credit initially (eg., $1000 for 30 days net) to protect their financial position. But they also have some responsibility to the safety of the public in regard to where they send hazardous shipments to.  Their nightmare is to send hazardous materials to some 14 year old puke in Cleveland who found a tattered copy of “The Anarchists Cookbook” in his Grandpa’s attic and decided that he wants to make a nitro ester to impress his friends. To avoid this, some locations may be barred for shipment of hazardous materials.  So make sure that your site is zoned properly.

Collecting payment from a customer can go smoothly or very poorly. Customers who do not manange their working capital very well may strapped for cash until they get paid for their product. Accountants in the receivables department refer to their “aging schedule” to keep track of how late various accounts are.  Getting timely payment can be a problem. Some companies will offer terms like a 1 or 2 % discount for payment in 10 days.

One of the most important hires you bring on is the receivables person.  It is best to hire the most savage accounting troll you can find for this position.  Their job is to watch the accounts aging and to call and threaten bodily harm to the slackers who are behind on their payments.  A long list of past due accounts can bring you down like a lead balloon. Take no prisoners. This is life and death.

For a startup, following a synthesis procedure is straightforward.  However, if you need an NMR spectrum, you are going to have to be clever.  You can pay through the nose to have a commercial lab get you one. But if you have to follow a purification by NMR, it can get to be problematic fast. This is where your grad school experience can let you down. By that I mean, an over-reliance on NMR. For a lean & mean startup, you can’t rely on expensive spectroscopic methods to get you to an endpoint. That is, unless you’re flush with money.

Which brings up a philosophical point.  Many people start a business on the assumption that they need venture capitalists to rain money on them to do the startup. If you can possibly avoid it, do so.  If you have to get venture capital, then consider bringing on a professional business manager to deal with it. Venture capitalists are not merely smart, they are cagey.  They exact a large toll on the shares of ownership of a startup they fund.  You can find yourself as the founder being a minority shareholder.  These people serve a valuable purpose in the startup world. But remember, there is a price to be paid for using their money.

Market Pull and Technology Push

The chemical business is, after all, a business.  You have to make something that somebody wants. Brilliant ideas are a dime a dozen. Getting a new product to market is harder than you might expect, even if you have a purchase order in hand. The transition from bench to 1000 gallon reactor is often full of unanticipated problems.  The process of forcing a new product or technology on a market that didn’t exactly ask for might be called “Technology Push”.  The process of responding directly to a clear market demand is called “Market Pull”.

Market pull is a force that business types, especially the MBA’s, feel best about.  It is easy to justify the allocation of resources to launch into a product development cycle that addresses a clear and quantifiable demand.  Duh. It’s a no-brainer. That is, if there are no bottlenecks to get through. The merits of market pull are only valid if the proposed technology has been shown to work to specifications. Beware of the inventor who cannot produce a prototype to back his/her patent.

Technology push is a circumstance wherein a company has a product or technology that might stimulate demand if it were marketed properly.  Now, an economist might say that there is no such thing as stimulating demand. They’ll patiently explain that this only stimulates an underlying demand that may not have been articulated. Whatever formalism you prefer, it is possible to dazzle potential customers with a new capability.  Clever people can dream up applications that the original inventors could have never anticipated. Look at Symyx with their fantastic technology package for high throughput experimentation.

It is a bit easier to write a business plan based on market pull because the job of forecasting revenue flows should be based on measurable market conditions. Again, the assumption is that the proposed response to the market pull is a technology that works.

A business plan based on technology push has to incorporate estimates of acceptance of change. You see, technology push is the realm of the paradigm shift.  Predicting outcomes from the early side of the timeline is very tricky.  Customers for paradigm shift technologies may be scarce.  Not all companies are interested in being an early adopter or a buyer of first generation technology. 

Market pull is the domain of orthodoxy, of the rightous and proper company president who is also a CPA and who worked his way up the ladder from the accounts receivable department. Technology push is the domain of the engineers and scientists.  These are the dreamers who know in their hearts that if you build it, they will come.

Successful technology companies are somehow able to give a voice to the technology people in the allocation of resources.  Very often, these companies are managed by chemical engineers. While ChemE’s may not be trained in advanced synthesis R&D, they are involved in the scale up and economics of new processes.  Chemists live in a 2-dimensional world of space and time.  Chemical engineers live in the 3-dimensional world of space, time, and money.  Their knowledge of economics is what causes them to rise to the top of the corporate ladder more frequently than chemists.

It seems to me that companies that thrive today are those who do both market pull and technology push. Market pull is the cash cow.  Technology push is the seed corn for next years crop.

Dark Lords of Industry

When you squint into the jewel encrusted window of fabulous industry, you might naively conclude that the only truly powerful people in business are the show horses- the CEO’s, Presidents, and VP’s.  To be sure, these annointed ones do wield considerable power. They strut around like roosters, crowing the latest buzzwords with their Wharton MBA’s on their sleeves like the gold stripes on a Boeing 777 captain. They are, after all, “upper management”.  

You see, power in industry is the ability to allocate resources, that is, throw money at projects run by your stable of lackeys and courtiers.  However, there is a class of functionaries that you might mistakenly dismiss as mere scribblers or spreadsheet monkeys.  They quietly control a force so unspeakably powerful that they can make or break businesses, careers, or at least cause an unsightly crease in your trousers.  These dark lords of business are the keepers of the mighty industrial purse. The cashiers dispensing the elusive coin.

No, I do not mean those bovines of the cube farm, the accountants. I refer to (with utmost respect since one may be watching) Purchasing Managers. Purchasing managers, or supply chain managers, are the kingpins that award business contracts to that unworthy class of rabble called the “Vendor”. And what a loathsome bunch we are, always gnawing and clamoring nervously on our haunches across the moat for more scraps of fat. 

Just getting in to see a purchasing manager can be tricky. Forget about just popping in. Most businesses that buy specialty fine chemicals also have the réceptionniste sauvage who has -78 C acetone for blood.  Their role in life is to filter out the sales flotsam who may happen by.

You walk up to the reception desk in your dark suit with white shirt and blue and red tie and ask to see Mr. Smith.  In the world of sales men, fragrances are strictly for dandies from the European continent. Leave your airport duty-free store cologne in your suitcase where it belongs. 

The receptionist signs you in and phones the contact.  You stand there in waiting while Mr. Smith walks across the “campus” to meet you. He arrives and there is the exchange of pleasantries as security cards slap against sensors and you walk into a cubicle galleria. 

Mr. Smith leads you to a small sterile conference room with OfficeMax chairs where the clenched buttocks of countless other sales reps have plopped down before.  Bored looking people file in and business cards are exchanged with faint interest.  The door closes followed by what might be the faint slapping sound of sphincters slamming shut. The curtains open and you’re on center stage. It’s show time.

The secret life of the chemical industry soldier

A few more blogs have been added to honored positions on the Illustrious Blogroll.  Check them out.  Lots of good bloggers (Bloggists?) with penetrating commentary on the current literature. 

Blogging is a bit harder for industrial folk. Or should I say riskier? One of the unfortunate realities of working in Fabulous Industry is the matter of secrecy.  You can’t discuss any of the fascinating stuff you work on with your buddies in academia. You know, chalk-talk stuff. The pay is good in industry (they fit you with golden handcuffs early) and the chemistry is fascinating, but the sad part is that it is nearly all confidential. When the conversation turns to sensitive material, people become noticeably uncomfortable. And they should.

Meetings with site visitors begin with the standard preamble- “You’ll recall that we are speaking under the conditions of our Non-Disclosure Agreement.  We at MegaLithium Company are in the XYZ business and have no need for any information from you beyond what is required to evaluate the project. We really don’t want to know your secrets.” Usually a well manicured and coiffed senior honcho says this. If the sleeves of his white shirt are not rolled up and his head shines with a high gloss, he is probably one serious SOB. This would be the alpha male and his underlings will studiously follow his lead. Often, there is a tour following the meeting.

As you take the tour you’ll find that the guides are not appreciative of breaching the decorum of secrecy, so blatantly nosey questions can cause them to throttle back the gee-whiz stuff. It’s always best just to nod appreciatively, pay attention, and be grateful for what you get to see.

I’ve been on both buy and sell sides of the secrecy matter.  I have hosted plant tours for visitors who were less than upfront with their intentions.  You see, in the custom chemical Business to Business (B2B) world when someone requests a price and availability, there is some chance that they have no intent on buying anything.  Their real intent may be to get scaled pricing and an estimate of the annual sales turnover for a product. It’s called competitive intelligence. And pricing intelligence is the most coveted of all.  Typically, this is only true for customers who may be competitiors. 

Here is some good advice.  If you’re about to sign a secrecy agreement, look for a clause providing for the reduction to writing for all Information to be considered Confidential.  These words are in bold because they are key words in a secrecy agreement. A good secrecy agreement will go to great pains to define what is meant by Information. If the other side is going to take you to task for a breach in confidentiality, then exact information that they consider sensitive had better be reduced to writing so you have a fair chance of avoiding a breach.

Polylactic Acid (PLA)- A polydisperse trail of tears.

Many hearts have been broken in the attempt to get PLA on the market. In my case, I bailed from a tenure track asst prof slot to join a startup planning to scale up PLA production. It was quite exciting for a year and then it went belly up. These days, I’m a bit more cautious. I’m not bitter about it. It was a good introduction to polymer science and the marvels of chemical engineering.

In response to a question about PLA, I thought I’d elaborate on it a bit.

I’d be curious to find out more about the PLA experience, particularly the timing.  PLA is certainly a big hit right now.  Natureworks is sold out, and it has also found some niche applications – surgical staples for instance.   

The problem seems to be that if you develop the polymer first and the application second, then you will have a difficult sell.  If you go the other direction, it is an easy sell but you are left with lots of little applications.

Whereas we failed with PLA, Dow Cargill LLC has apparently turned it into an ongoing product called NatureWorks.

In case you haven’t heard, PLA is polylactic acid.  In its most common manifestation, it is the homopolymer of what is designated as the L enantiomer, which is produced from fermentation. Out of respect for my colleagues I won’t name the now defunct startup company.

Most everyone agrees that the marketing appeal of PLA is that it will biodegrade in the environment all the way to carbon dioxide and water, at least in principle. I qualify this assertion because it has been found that this biodegradation requires a fair amount of moisture to progress in a reasonable time. Landfills can be dry, fetid heaps that are not automatically conducive to rapid breakdown of organic materials. At least on the timescale of a few decades.  

In the microbial world, many microorganisms have the enzymatic machinery to biodegrade PLA to lactic acid (LA) and beyond.  LA is a natural compound that is judged to have a benign fate in the environment because it is such a common metabolite. In principle LA could be fully metabolized to CO2 and water once it is depolymerized from the PLA. So went the sales pitch.

In the 1990’s, people were concerned that landfills were rapidly filling to the brim with smelly disposable diapers and plastic junk.  There seems to be less public debate on this today, but I assume that the landfill issue remains largely unresolved.

PLA is made by an esterification reaction called ROP- ring opening polymerization. PLA is not made directly from LA. It is made from the ring opening polymerization of lactide, the cyclodimer of LA. This way there is no evolved water to add reversability to the polymerization.  And lactide is quite reactive.  Initiation of this highly strained monomer can be started with an initiator like an alcohol or an HO-terminated polyether in the presence of a Lewis acid catalyst (tin (II) octoate) in the lactide melt phase.

Lactide can be made by the direct cyclodimerization of lactic acid or by a back-biting reaction of oligomeric PLA made by heating LA.  I don’t know for sure, but I think that the back-biting reaction may be the major route to lactide today.

There is a lot of IP out there covering specialized applications of PLA. Medical and dental implants, sutures, timed released chemotherapy, etc.  PLA will slowly come apart in vivo over time, so it can serve as a kind of scaffold for bone or tissue regrowth or for metered drug release.  But this is a small and specialized market.

The big money is in packaging materials- blown films in particular. However, there are technical challenges here owing to a few of the properties of PLA homopolymer.  PLA has a relatively high Tg, so films will rattle and sharp package corners will crack.  PLA’s crystallinity can be good or bad depending on the application.  PLA also has a tendency to have an amber color and it’s films can block. 

Commodity polymer films have to be dirt cheap. The premium films  are colorless and low haze, have a high gloss, and have a low Tg.  There is a whole industry already producing such premium material from inexpensive feedstocks- the polyolefin industry. Sometimes people parse polystyrene and polyvinyl chloride as industries distinct from polyethylene and polypropylene. Polyethylene, polypropylene, polystyrene, and polyvinyl chloride are the predominant synthetic polymer feedstocks used by the packaging industry. They are well dug into the market with established feedstock supply lines and a global presence. 

Enter PLA.  PLA is ultimately a fermentation product. To get the right tacticity, you need enantiomerically pure LA. The best way to get it is to ferment sugars. LA must be fermented from a carbohydrate source, isolated from the broth (!!), converted to lactide, and polymerized.  Fermentation is a low space yield process. The microbes must be kept alive- excessive LA will kill them owing to low pH. You’ll need a cheap source of carbohydrates.

One of the best sources is corn starch, so a big corn wet mill will be required to produce it. The economics of PLA requires that a producer be vertically integrated from starch to fermentation to monomer production to polymerization. Energy and corn prices will have a large impact on your economics.

I’ll spare you the details going forward. Suffice it to say that PLA can’t compete with polyolefins on a price per pound basis at the present time.   PLA is boutique polymer at best for the forseeable future. My former company, the defunct PLA startup, felt that the best market segment for PLA was the market occupied by nylon films, due to the comparable cost and food contact and barrier properties. I have no idea what the economics look like now, 10 years later.

I wish all of the players well in the PLA business. It is a worthwhile endeavor and I wish that my experience had turned out differently. So it goes.

For an updated post on PLA, follow this link.

     

 

 

Startups and the elusive spondulix

In the previous post I poured on the platitudes regarding working for a large company. Today I write about the other end of the spectrum- The startup company.

I encounter startup companies frequently in my work. Since I am not in the pharma business or fabulous biotech, my exposure to startups is limited to specialty and fine chemical feedstocks or reagents.

When you start a chemical company, it is assumed that you want to make lots of money. It turns out that you must have considerable cash flow just to pay the expenses of being in business, so you must be focused on cash flow. Chemical companies can have fairly high overhead costs, partly due to expensive staff (chemists and business managers) and partly due to the unique and expensive requirements of the physical plant.

Starting a chemical company is not a task for the timid.  You have lots of strikes against you from the very start. You see, a company is like a big angry animal. It has to be fed constantly with generous inputs of cash. Cash is King. Remember that. It’s all about the elusive spondulix. Investors can either give their money to Warren Buffett or to you.

I have seen many startups devolve into smoldering, groaning trainwrecks. Fortunes are lost, litigations burn like the fires of Mordor, and careers are lost or at least seriously stunted. Certainly no one starts a company with the intent of crashing it. So, how does it happen?

Usually, they run out of cash. There are many reasons that people use to justify the startup of a company. What they all have in common is the unwavering certainty that people will throw money at what they hope to offer. And if they have a patent- Lordy.  Nothing is meaner than an inventor in the thoes of patent sickness trying desperately to revive a dead one-act pony.

Many people start up a company with a one-act pony.  That is to say, a patented technology based on a highly specialized material or a process.  There are several ways to put a one-act pony or technology to work.  You can license out the technology. You can make certain compositions for sale. Or, you can make the pony do it’s one trick. 

If the pony’s one trick is good but not spectacular, selling licenses may be difficult. It is expensive and risky to upgrade technologies. There has to be a clear advantage and fairly rapid return on investment for the licensee.

If the materials made by the technology are “Me Too” products that are adequate but not exciting, you’re in for tough sledding. Especially if they’re commodities.  Companies in the polymer business know this. It is fantastically hard to get a new polymer to catch on in the market. Even giant companies have a hard go of it with exceptional products. The polymers market isn’t expanding very fast, so if you want market share, you have to take it based on price. Then it is a race to the bottom of the lake.

I was once roadkill along the trail of tears called PLA- Polylactic Acid.  It’s a great polymer for numerous applications. But low MW and the tendency to turn amber were problems that eventally caused us to flame out like a North Korean missile.

I’ve seen a lot of one-act pony startups fail because the pony died.  A startup may fail because show stoppers appeared that couldn’t be fixed, or the demand didn’t pan out. 

If you’re going to start a company, it is desirable to get cash flow going as soon as possible.  Use a plow horse to get some cash flow while you’re training the new pony.  Let existing products pay for the development of new technologies.  Learn how to make or formulate niche products that no one else is interested in. Plow the money back into product development and get into advanced technologies that way. Minimally, you’ll get to retain more of the ownership.

Another reason to build a business this way is to try to stay away from venture capitalists. But that is for another day.

CAS Polysyllabic[multi(digital)poly(character)]nomenclature

I write to lament the state of chemical nomenclature today.  There are several forces in the nomenclature world- Chemical Abstracts, Beilstein, and IUPAC.  Near as I can tell, with the globalization of CASRN’s, CAS nomenclature is the predominant nomenclature in the world.  At least the world open to English language.  I have no idea of how the nomenclature works in texts written in Mongolian, Tagalog, or Ubangie. Are there translations or transliterations- I don’t know or care much, truthfully.

I can say that the introduction of new chemical entities into commerce presents the issue of what to call a thing.  A name that has 80 characters, including greek letters like mu or kappa, strings of digits delimited by layers of commas, brackets, dashes, and parentheses, poses certain practical problems with business data systems and catalogs.  It also poses problems for the many non-chemical people who have to deal with it on a daily basis.  It becomes hard for people to understand what the hell they are referring to. In fact, it actually intimidates non-chemists to the point of locking up. They become convinced that the slightest error will lead them down the merry path of ruin.

One of my duties is to define nomenclature for products at my day job. We dutifully collect the 9CI names for the TSCA nightmare, and then we decide what we’re going to call it on a commercial basis.  I’m finding myself using the IUPAC nomenclature module of ChemDraw more and more.  The nomenclature coming out of it seems more human friendly.

I once contacted CAS in Colombus and spoke to a helpful and sincere person who explained that CAS doesn’t offer a handbook that would explain how CAS does its nomenclature.  I haven’t researched this too deeply, but I have not yet found a CAS publication that defines the taxonomy that CAS uses.  Of course, CAS will happily charge you for an official name assignment. I guess for a $26 charge I could look it up in SciFinder.

Whining about nomenclature is like complaining about the weather. CAS has to do something with all of the species cited in the literature.  I just regret the high cost associated with using CAS services. 

All of this feeds into my nagging feeling that ACS and it’s lovechild, Chemical Abstracts Service, has gotten a bit unwieldy and maybe even too big for its britches.  With the publishing and the registry database business, it has grown to be the major force in the sales and distribution of chemical knowledge. It is an economic engine.  Maybe even monopolistic.  Oops, there is that word.

Fabulous PGMs

I don’t know what other people out there think but I have this nagging grievance with Platinum Group Metals- PGMs. They’re too expensive.  I receive a weekly newsletter from BASF Catalysts listing prices of the various precious metals.  Some of them have taken an astounding uptick in price in the last year.

As of last friday, ruthenium was at $375 per troy oz.  Rhodium continues to be in the stratosphere at $4925.  Platinum is down a bit at $1159. Pt prices are greatly affected by demand in Asia for Pt jewelry, according to the newsletter. Osmium and iridium have been at $400 per troy oz for quite a long time. Gold was at $650.50 and even silver was a lustrous $14.07 per troy oz. Palladium is at $328.

Don’t get me wrong. PGM catalysts are fantastic in almost every way.  I’m not so cold hearted that tears don’t well up at the sight of an X-ray of some resplendent Rhodium complex proudly thrusting its phosphines about. My god it is beautiful.  How could I be against PGMs?  My post-doc was doing rhodium chemistry.

It’s just that they’ve gotten so darned EXPENSIVE. Price out some rhodium (II) acetate sometime, but try to be sitting down.  The price volatility is not the fault of companies like BASF or Matthey. There is just a deficiency in supply. These metals are traded in the world market place.  BASF and Matthey are venerable and upstanding companies.  I have no beef with them.

But, here is what we need.  We industrial folk need to try harder to implement transformations catalyzed by the other metals- Ti, Zr, Fe, Co, Ni, Cu, or zeolites, etc.  Part of the problem is familiarity. All of the important textbooks on organometallic chemistry, advanced synthesis, etc., cover the mechanisms of catalytic transformations, but they highlight the PGM mechanisms. That’s not a bad thing, but we all get out of grad school with “palladium on the brain”. 

Yes, of course, there are some things that will probably always be done with PGMs. But what about the beautiful coupling chemistry using Grignards by Furstner, Kambe, or Knochel? 

Take a walk on the wild side. Try something different.

Academic IP

Some years back I was an assistant professor of chemistry. I had a series of sabbatical replacement gigs and as a result had the opportunity to teach in a variety of chemistry departments across the USA. Eventually I got a tenure track slot at a department that had the critical enabler for an organikker- an FTNMR. It was interesting to compare the departments up close.  Honestly, I was treated warmly at every post I held. 

So, zooming back to the present, I can’t help but ponder the opportunities for academics and industry to collaborate.  From a distance, there would appear to be a great many benefits from academic/industrial alliances.  Synergies, even.  But now that I’ve been on both sides, my enthusiasm is limited.

At the most basic level, the imperatives of industrial and academic scientists are quite different. I am limiting my comments to experimentalists.  The unmistakable sign of progress for an industrial scientist is getting a profitable product to market. For an academic scientist, it is uncovering some insight and getting a publication.  Industrial scientists develop proprietary technologies and carefully guard company secrets.  Academic scientists develop technologies with the intent of folding the work into the big picture. 

In general, when industry wants something special from an academic, they want it kept quiet.  The academic must agree to the strictures of secrecy in order to play the game.  In fact, it is somewhat complicated for industry to engage an academic for some problem solving.  There is the problem of the ownership of inventions that may arise.  What if you engage the professor and his/her group to work on a problem and they invent something? 

For the professor, this is a kind of freelancing that the university may or may not be pleased about.  Who owns the invention? Most universities will require a professor to turn over the ownership of an invention to the university.  Who gets paid for work done in the university lab? Can the student use the work towards a dissertation? How do you handle having the professors work done in the same lab as the proprietary industrial work- do they have separate secret and open group meetings? Secret and public lab notebooks?  Is the professor being absolutely scrupulous about disclosure, documentation, and inventorship?  All of this can float to the surface during litigation and sink a patent or clinch a charge of infringement. 

If the company owns the IP, what’s in it for the university and the students involved?  If the University owns the IP, why should an outside company commit resources to fund it’s development? Licensing a university’s IP could work well, or it could tie your ankle to a boat anchor when competitors jump in the water, as they have a maddening habit of doing. 

One way to handle this matter is for universities to back business startups with their own IP.  This technology incubator approach been going on for quite a while now with some schools racking up spectacular results.  In the early Reagan days the Dole-Bayh Act enabled universities to patent work funded by grants from federal agencies. There are a few strings, but generally it isn’t onerous.

So, what is wrong with this? Seems like a vigorous way to get technologies and industries on stream.  Well, in a sense, it is.  But, think about it from a public policy perspective.  Is this what our universities should be doing? That is, using public grant monies for patenting compositions and processes and receiving a 20 year monopoly on its use? That is, barring the taxpayers who paid for it from practicing it?

Our university system is a key structural element of our vitality as an advanced technological culture.  Until recently it was accepted  by our society that resources are set aside for centers of learning and research and from this the culture as a whole reaps the advances through open access.  Most students pass through the system and move on to contribute productive activity in our industrial culture.  But the system will snare unusually productive persons who will make step changes that advance the system into new paradigms.  Their work in particular has been available for everyone to apply to the advancement of our culture.

Until recently, that is.  If you’re paying attention to this, and you do if you’re in industry, you’ll see more and more that the fabulous reactions found in journal articles may be claimed in one or more patents.  And these patents may not surface for several years.  I have yet to see an journal article where the authors are up front about this matter. 

It is quite possible for a company to adopt a literature transformation into a process only to find out well after the due diligence research that the process they have been practicing is suddenly claimed in a freshly issued patent. 

So here is the situation in a nutshell.  We pay taxes that fund a variety of grants that enable research at university institutions both public and private. We pay Chemical Abstracts Service to have access to the literature.  We pay ACS for memberships and journal subscriptions or downloads.  The work gets patented and we are either barred outright or are required to enter into a licensing agreement.  We pay fees up front to enter the agreement and pay royalities on sales.  Quite possibly, the technology has an exclusive licensee who then has a monopolistic hold on the technology and the public pays a premium for products manufactured under the monopoly. 

Oh, there is more. Since the university requires the faculty member to assign inventions to the institution, the institution pays for the patent prosecution and for the annuities for the lifetime of the patent.  For a US patent prosecution, figure nominally $15k to $50 k. But for foreign patents, there could be dozens of countries with many foreign law firms doing office actions that are orchestrated from the US patent attorney.  This means big bucks flow away from the institution years before any of that elusive royalty stream comes in.  The annuities on foreign patents come up every year, unlike US patents, so an institution is burdened with annual payments to keep the foreign patents valid.  And Gawd help you if there is litigation- US or off shore. That is when you open a big vein and the real bleeding starts.

The run up to litigation can be fantastically expensive.  At this point, you have many attorneys involved- a lead attorney, junior attorneys, mock trial specialists, jury consultants, videographers & transcript stenographers to record depositions, contractors who do graphics for presentation to the jury, and maybe even specialist litigators. Even IP specialists in companies have trouble grasping the possibilities.

One of the joys of owning a patent is paying defend it. In fact, seasoned patent experts will say that a patent is only as good as the last attempt to bring it down.

In the end, why does a unversity need to defend its IP?  Who is it defending it from?  The public? 

But that is the wrong question.  Universities get involved in patenting because they think that a revenue stream can be tapped from an invention.  There are cases where some inventions have paid huge royalties. But if you ask the patent office, they’ll tell you that they estimate that only 2 or 3 thousand of the million and a half or so patents in force actually make a profit for the owner. 

The matter of academic IP seems to be poor public policy and more people need to raise hell about it. If an academic wants to be a business person, then he/she should be a business person.  Raise the money and take the risks like the rest of us do.