In-Depth: Shanghai Jiao Tong University Explores New Path for Commercialization of Scientific Research Results (AI Translation)
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文|财新周刊 徐路易 张而弛
By Caixin Weekly’s Xu Luyi and Zhang Erchi
102.3万件,是截至2023年底全国科研院校的有效发明专利数。然而,国家知识产权局发布的《2022年中国专利调查报告》显示,2022年国内有效发明专利产业化率为36.7%,其中高校发明专利产业化率仅为3.9%。
1.023 million represents the number of valid invention patents held by scientific research institutions nationwide as of the end of 2023. However, the "2022 China Patent Survey Report" released by the National Intellectual Property Administration shows that the industrialization rate of effective invention patents in China was 36.7% in 2022, with the industrialization rate of university invention patents only at 3.9%.
成功的高校科技成果转化已被证明可以诞生卓越的企业,思科和谷歌均是美国斯坦福大学专利转化之后成长起来的巨头。早在1996年,《促进科技成果转化法》就已在中国生效实施,其中明确提出了促进科技成果转化的多种措施。但多年来成效不彰。一方面,国家设立的高等院校、科研机构科研人员完成的职务科技成果,所有权属于单位,作为成果发明人的高校科研人员只能付费获得使用权,无法取得其他权利,转化积极性不高;另一方面,由于这些成果属于国有资产,很多学者担心,一旦转化失败或被认为低价转让,会被扣上“国有资产流失”的帽子而深陷麻烦。
The successful commercialization of university technology has been proven to create outstanding companies. Both Cisco and Google grew into giants following the commercialization of patents from Stanford University. As early as 1996, China's Law on Promoting the Transformation of Scientific and Technological Achievements came into effect, explicitly proposing various measures to facilitate the conversion of scientific and technological results. However, the results have been lackluster for years. On one hand, the scientific research outcomes completed by researchers at state-established higher education institutions and research bodies are owned by these institutions. University researchers, as inventors of these results, can only obtain usage rights by paying a fee, without acquiring other rights, thereby reducing their motivation for commercialization. On the other hand, since these achievements are considered state-owned assets, many scholars fear that if the commercialization fails or is perceived as being transferred at low prices, they could be entangled in accusations of "state asset loss."
2019年,一场围绕高校科技成果转化的改革拉开帷幕。当年3月,财政部修改《事业单位国有资产管理暂行办法》,高校转化持有的科技成果不再需要报主管部门、财政部门审批或备案,可自主决定转让、许可或者作价投资。2020年2月,教育部、国家知识产权局和科技部联合发布《关于提升高等学校专利质量促进转化运用的若干意见》,要求树立“科技成果只有转化才能真正实现创新价值、不转化是最大损失”的理念,倒逼高校改革。2020年10月,科技部公布40家试点单位名单,允许赋予科研人员不低于10年的职务科技成果长期使用权,试点学校既包括上海交通大学等教育部部属高校,也包括北京工业大学等地方院校。
In 2019, a reform focused on the commercialization of technological achievements in higher education institutions began to take shape. In March of that year, the Ministry of Finance revised the "Interim Measures for the Administration of State-owned Assets in Public Institutions." Universities no longer needed to seek approval or filing from supervisory or financial departments to transfer, license, or invest in science and technology achievements; they could independently make these decisions. In February 2020, the Ministry of Education, the National Intellectual Property Administration, and the Ministry of Science and Technology jointly issued the "Several Opinions on Improving the Quality of Patents in Higher Education Institutions and Promoting Their Utilization." This directive emphasized the concept that "technological achievements can only realize their true innovation value through commercialization; non-commercialization is the greatest loss," thereby propelling university reforms. In October 2020, the Ministry of Science and Technology announced a list of 40 pilot units, allowing scientists and researchers long-term usage rights over their technological achievements for at least 10 years. The pilot schools included both national universities directly under the Ministry of Education, like Shanghai Jiao Tong University, and local institutions such as Beijing University of Technology.

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- As of 2023, China has 1.023 million valid invention patents by scientific research institutions, but the 2022 patent industrialization rate was only 36.7%, with universities at merely 3.9%.
- Reforms since 2019 aimed to ease patent commercialization, exemplified by Shanghai Jiao Tong University, which grants long-term usage rights and ownership to enhance research conversion.
- Challenges persist despite policy improvements, involving intricate transfer processes, investment scarcity, and the complexity of transforming academic research into market products.
The 2022 China Patent Survey Report, released by the National Intellectual Property Administration, highlighted that scientific research institutions across China held 1.023 million valid invention patents by the end of 2023. Despite these figures, the industrialization rate of effective invention patents was 36.7%, while university invention patents were notably lower at 3.9% [para. 1]. Recognizing the potential of university technology commercializations exemplified by giants like Cisco and Google whose growth was catalyzed by Stanford University patents, China enacted the Law on Promoting the Transformation of Scientific and Technological Achievements in 1996, but results have been underwhelming [para. 1].
A significant hurdle in the commercialization process is that the scientific outcomes from state-established higher education institutions and research bodies are considered state-owned. Researchers, while inventors, only get usage rights for a fee without acquiring other rights, diminishing their commercialization drive. Furthermore, the risk of being accused of "state asset loss" if a commercialization fails or appears undervalued, adds to the hesitation [para. 2].
In 2019, reforms began easing these constraints when the Ministry of Finance revised measures allowing universities to independently decide on patent transfers, licenses, or investments without needing supervisory department approvals [para. 3]. This initiative was extended by the “Several Opinions on Improving the Quality of Patents in Higher Education Institutions and Promoting Their Utilization” issued in February 2020, equating non-commercialization to the greatest loss [para. 3]. Subsequent policies and pilot programs were rolled out to support and streamline the process [para. 4][para. 5].
Shanghai Jiao Tong University (SJTU) has taken notable steps by actively exploring ways to grant its research teams 100% ownership of their patents. This radical reform aims to foster initiatives by simplifying procedures and addressing the “ropes” that hinder commercialization [para. 6][para. 7]. The implementation of the “1+5+20” system - a detailed framework involving management measures, incentive systems, and policy guidelines, epitomizes these efforts [para. 8][para. 9].
An exemplary application of these reforms involves Sanman Biotech. A collaborative agreement saw SJTU transferring four patents to Sanman Biotech for commercialization. The policy's implementation saw the creation of a practical model where faculty inventions are directly utilized in entrepreneurial ventures [para. 10][para. 11]. This model, known as “Completion by Implementer,” empowers inventors with patent ownership to form or join enterprises, promoting a more engaged innovation-first approach to commercialization [para. 12][para. 13].
Further enhancements include enhancing the valuation processes, setting a structured evaluation system for researchers active in technology transfer, and fostering new methods for converting research into commercial products. Ensuring compliance with laws and policies also remains imperative [para. 14][para. 15].
Pilot programs and reforms across institutions have progressively resulted in better transformation rates. A crucial aspect remains resolving the hesitation to transfer due to risks associated with state asset loss, as well as the reluctance arising from complex approval processes and the tenure risk for academics [para. 16][para. 17]. Therefore, creating manageable, comprehensive, and supportive frameworks that optimize approval processes and reward innovation is crucial. Addressing these barriers continues to be a focal point in enhancing the effectiveness of technological transfer and commercialization endeavors within Chinese universities [para. 18][para. 19].
Shanghai Jiao Tong University’s endeavor, supported by policy relaxation, has not merely awaited top-down changes but has aligned itself closely with broader national objectives while developing robust internal mechanisms to support patent and technology commercialization. The push for a seamless transformation has led to remarkable restructuring, creating pathways for pioneering university-industry collaborations and fostering a conducive environment for translating academic research into market-ready products [para. 20][para. 21][para. 22].
- San Man Biotech
三慢生物 - San Man Biotech, founded in June 2019 and located in Minhang District, Shanghai, specializes in the processing of bird's nest and fish gelatin (fish maw). The company collaborates with the Shanghai Jiaotong University Food Colloid Science Laboratory. The legal representative Zhu Yang obtained the transfer of patents from the laboratory, facilitating the commercial application of fish gelatin technology.
- Shijiang Pharmaceutical Technology Co., Ltd.
施江医药科技有限公司 - Shijiang Pharmaceutical Technology Co., Ltd. was founded by Shiyufeng and Ma Wenjiang after returning to China. It focuses on developing a small molecule, Gboxin, for treating glioblastoma. They faced difficulties obtaining market financing but succeeded with support from the Yangtze River Delta National Technology Innovation Center, securing 31 million yuan in new funding in April 2024.
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