THE HBCU IP FUTURES COLLABORATIVE
By Chinwe Ohanele Agwu, Senior Program Manager, Michelson IP
Michelson 20MM Foundation is a private, nonprofit foundation working toward equity for underserved and historically underrepresented communities by expanding access to educational and employment opportunities, increasing the affordability of educational programs, and ensuring the necessary supports are in place for individuals to thrive.
Dr.
Gary K. Michelson Founder & Co-Chair, Michelson Philanthropies
Introduction
“Historically Black colleges and universities (HBCU)s lag behind their [institutions] because historically they have been under-served and were originally established largely as teaching and blue-collar trade schools,” Clovia Hamilton at the University of Tennessee, Knoxville shared. “Increased involvement in research-oriented activities, such as technology transfer, will likely enable HBCUs to grow into new or stronger research institutions… [The] problem areas with non-HBCUs university technology transfer include: (1) lack of quality standard benchmarks; (2) resource planning issues; (3) processing delays; and (4) need for improved intellectual property (IP) policies.” Those weakened intellectual property policies and frameworks within the HBCU system are a significant barrier to an inclusive innovation ecosystem, and must be addressed.
By recognizing and intentionally combating the HBCU IP registration and ownership ecosystem, we have the opportunity to cause a multi-generational positive impact. The reality is that racism and its economic consequences—such as grants, general funding, facilities, exposure, and opportunities for collaboration—have deprioritized ownership or registration of innovation, which, in turn, indicates that IP and IP policies within the universities may not be prioritized. Knowing that such deprioritization can result in an innovative environment that lacks the frameworks to empower innovation, ownership, and ultimately tech transfer, The Michelson Institute for Intellectual Property sought to better understand the need to focus IP innovation in HBCUs and implement solutions to foster growth.
In 2016, 89 four-year HBCUs were awarded a combined $1.2 billion in grants and contracts from federal, state, and local governments, while John Hopkins University alone received $1.6 billion. On average HBCUs receive $11 million from the federal government, $1.3 million from state governments, and $504,000 from local governments and private foundations, which equates to approximately $12.8 million annually. Despite this number, there are 16 HBCUs that receive less than $3 million in revenue from grants and contracts. By comparison, the average of such funding received by all institutions of higher education in the United States is $27.7 million.
These numbers are critical because an institution is able to reduce tuition dependence and provide important funding for research, services, and programs when they have strong grants and contracts with government agencies. The funding also fosters students’ access to enhanced facilities, equipment, and opportunities to earn income. We see a chicken-and-egg dynamic, however, where funding is required to obtain better equipment and attract faculty to drive this work, but the work is what can provide the funding.
Solutions
As evidenced by recent federal funding, there has been a push to empower HBCUs to become research institutions. In December 2023, the Biden-Harris Administration announced $93 million in grants to support research and development at HBCUs, tribally controlled colleges and universities (TCCUs), and minorityserving institutions (MSIs).
While the immediate funding challenge has drawn federal attention, from an ecosystem development perspective, university IP policies should also be included as a viable solution. These policies provide a means to develop and maintain a culture of innovation by creating supportive and permissive environments where students and academics are empowered.
The HBCU IP Futures Collaborative
Since 2016, the Michelson 20MM Foundation, founded by famed inventor Dr. Gary K. Michelson, has focused its expertise, resources, and network on developing a national IP education initiative, The Michelson Institute for Intellectual Property (Michelson IP). Michelson IP’s mission is to empower the next generation of inventors, entrepreneurs, and creators with the knowledge needed to protect, share, and commercialize their innovations.
In 2021, Michelson IP introduced The HBCU IP Futures Collaborative, a project to support the awareness, understanding, and development of IP by seeding IP education hubs across several HBCUs. A core group of esteemed HBCU faculty members collaborated on best practices for integrating IP content into curricular and co-curricular programs and offerings on campus. In support of this program, Michelson 20MM provided a grant of $25,000 to seven participating institutions with the intent of offering robust content that centers IP rights.
Participating Institutions
► Bethune-Cookman University (Florida)
► Hampton University (Virginia)
► Morehouse College (Georgia)
► Norfolk State University (Virginia)
► South Carolina State University (South Carolina)
► Tuskegee University (Alabama)
► Xavier University of Louisiana (Louisiana)
The HBCU IP Futures Collaborative aimed to:
► Offer robust educational content focused on IP rights and grow the adoption and integration of Michelson IP’s digital resources across curricula and programming at participating institutions.
► Create a community of practice with participating faculty members who will share best practices and insights for IP subject matter instruction across disciplines.
► Promote and share the importance of IP protection and awareness among the business, entrepreneurship, STEM, engineering, maker, and creative communities of participating institutions.
The success of the collaborative was evaluated based on a number of metrics, including but not limited to the following:
► A total of at least five courses utilizing Michelson IP resources
► Total number of students reached (targeting reach: approximately 750+ students)
► Objective data to evaluate impact on students and faculty
Results from the Collaborative
On average, approximately 200 students at each of the seven institutions learned from Michelson IP course materials, which surpassed our program objectives. Additionally, the majority of the participating institutions integrated the materials into five courses, one into eight, and some into two.
Across the institutions, the most common courses were: business, entrepreneurship, science, and engineering. The materials were also integrated into music, systems analysis and design, agribusiness entrepreneurship, intro to African studies, code and create, and agriculture and economics.
Feedback from students and faculty members made it clear that they found value in the materials and engaging in the IP Futures
Collaborative:
“The information learned in this video will be vital in my professional career as I plan to become an entrepreneur. My ventures will definitely utilize copyrights and trademarks, as I will copyright my products and processes while trademarking the logos and slogans I use to identify myself as the source of the product,” a Tuskegee University student shared. “After watching the video, I understand that ideas are free game, not protected, and any original tangible medium of expression can be copyrighted, making it my legal possession for life plus 70 years. In addition, I learned a strong trademark is a huge aspect of marketing and will specifically distinguish my goods and services from others.”
“Before those videos I never understood the difference between copyright and trademarks. I also barely understood patents and weren’t sure why they’d be used instead of or along with trademarks and copyrights. I really liked these videos and I feel like I understand all three concepts better than before,” an Xavier University student reflected. “I am greatly appreciative to have been a part of this project. I learned a great deal about IP myself, and I did not anticipate the amount of impact this project would have on the students,” said a Norfolk State University faculty member.” I have become a big advocate for IP education and will do my best to make sure the IP student club is successful.”
Creating a community of practice seemed to make a large difference for faculty members because most of the faculty members went on to do more work in the IP realm. Not only did they integrate the material into more courses, but also many dug further into the space and identified new potential projects where greater impact might be realized.
Of note, Dr. Muhsinah Morris from Morehouse went on to collaborate with the United States Patent and Trademark Office (USPTO), while Professor Lateef Mtima and other faculty members created a stand-alone undergraduate IP course, which they hope will be offered at all HBCUs. Additionally, Dr. Morris is assisting institutions with the development of technology transfer offices beginning with Morehouse College and the Atlanta University Center.
Future Initiatives
Tech Transfer
When it comes to leveraging university intellectual property policies that put students and faculty on notice regarding how the university intends to use, exploit, or capitalize on innovation, research, and creativity developed by students at the institution, HBCUs have been several years—and in some cases decades—behind their predominantly white counterparts.
For example, in the last four decades, all 107 HBCUs account for just over 400 patents, while University of California (UC) systems, composed of 10 universities, have been awarded 12,700 patents. University of California Berkeley (UCB), one of the leaders in patents within the UC system, was established in 1868, while Morehouse College, the leader in patents held within the HBCU ecosystem, was established in 1867. Morehouse has been awarded 168 patents, with its first patent awarded in 2016.
107 HBCUs account for just over 400 patents
University of California (UC) systems
10 universities have been awarded
12,700 patents
From a foundational standpoint, most HBCUs were established between 1865 and the 1900s. While a few UC schools, such as UC Berkeley, UC of Los Angeles, and UC Santa Barbara (an institution that didn’t join the UC system until 1944), were founded in the 1800s, most others were founded in the mid to late 1900s. If time of establishment were a factor, HBCUs should have the advantage; however, we can see that Morehouse amassed 168 patents in 8 years (2016-present day), yet they did not begin doing so until the new millennia.
In comparison, all patents awarded to the HBCU ecosystem account for only 3.14% of those awarded to the UC system at a ratio of 3:100. The disparity is staggering and can not easily be written off as a result of weaker institutions at HBCUs as data has shown that HBCUs have yielded positive outcomes for students long term.
For example, students are 14.6% more likely to complete their bachelor’s degree at HBCUs. Not only is persistence higher, but also, those who graduate from HBCUs find that their earning potential is 5% higher than that of those who do not. Such commitment to student success indicates that HBCUs would desire to provide their students with access to IP resources, knowing that by doing so student success and earnings would multiply. Not for lack of intent, but rather due to historic barriers, HBCUs are behind in IP education.
Without adequate funding and IP focused faculty members, students who are leveraging university resources to develop themselves into the future researchers, academics, entrepreneurs, and scientists of tomorrow may be uncertain of how to do so. Additionally, even if institutions have policies in place, they may copy policies of existing predominantly white institutions (PWIs) without thought to how those policies may re-entrench unequal, patriarchal, or even racist beliefs in the present and invisible biases built into those policies. It is important that we explore how HBCUs may think differently about intellectual property policies. This includes how ownership might be considered in the HBCU space so students can step into a position of agency around the work that they do at the institution without jeopardizing the university’s ability to benefit. With HBCUs being a community of institutions dedicated to the betterment of Black students, we must ensure that the policies that govern how they might explore their innovation or creativity are also dedicated to their betterment.
3 100 1.4% When compared, all patents awarded to the HBCUs ecosystem account for only 3.14% of those awarded to the UC system, at a ratio of 3:100.
Recognizing the role institutions of higher education play in establishing the future leaders of our communities, Michelson IP is committed to empowering HBCUs through IP education. The development of sustainable and progressive IP policies and innovative technology transfer offices can prepare students for the innovation economy, while also tapping into creative methods of building generational institutional and community wealth.
We anticipate that this effort will require not only capacity building and policy development, but also funding support. It is not lost on us the significant gap between the endowments within the HBCU space and predominantly white institutions. This gap in funding and general access to institutional capital makes it challenging for HCBUs to focus on and develop long-term strategies around IP when the necessary infrastructure is incredibly capital-intensive.
Our hope is that by bringing this opportunity to bear, we can encourage others in the corporate and philanthropic space to invest in this ecosystem, such that capital challenges can be reduced and the potential for HBCUs to build out innovation-driven capital becomes a reality.
In the coming year, our program will initiate several efforts to better understand the HBCU administrative environment to provide recommendations that will foster institutional adoption of IP Policies and the development of technology transfer offices. Some partners we are excited to call on include ATUM, as well as counsel from industry leaders and experts such as David Kappos.
To aid in this work, we have established a legal fellowship that will facilitate the research to foster a greater understanding of the needs of the HBCU ecosystem and develop additional resources, training, and engagements.
“This is due to a history of misappropriation of Black inventors’ ideas and expectations of mistreatment based on past personal experiences. Such misappropriation leads to hesitation in sharing ideas, which is integral to the patent process.”
Legal Fellowship
Within the IP ecosystem, there is a marked underrepresentation of Black IP attorneys. Despite being 13% of the population, Black attorneys account for 1.8% of the legal profession. This deficit means that few attorneys are available to provide culturally relevant legal services to Black entrepreneurs, innovators, and creators. This also means that when we speak about the IP ecosystem within underrepresented populations, we are talking about several broken pipelines that are critically interlaced and connected.
Despite being 13% of the population, Black attorneys account for 1.8% of the legal profession.
Trust plays a critical role in advancing equity in innovation, as evidenced by the April 2024 Invent Together report. It found that in the innovation space specifically, more than 80% of potential inventors have menial or no knowledge of patents. Black and Hispanic women are at the greatest disadvantage with 88% of Hispanic and 86% of Black women reporting minimal or no knowledge. Furthermore, Invent Together concluded that most people are generally trusting, yet women and people of color are significantly less trusting and more cautious about engaging with individuals and institutions that could help them navigate the patenting process. This is due to a history of misappropriation of Black inventors’ ideas and expectation of mistreatment based on past personal experiences. Such misappropriation leads to hesitation in sharing ideas, which is integral to the patent process. The report also notes that women and people of color are more likely than their counterparts to develop innovations with socially conscious objective or purpose-driven inventions.
Invent Together offered several recommendations, which included investing in technology transfer capacity, particularly in HBCUs and other MSIs. They also indicated that increased collaboration between USPTO, US Small Business Administration, and business support organizations can help local organizations by providing critical legal assistance. One could argue that increasing diversity in the IP legal ecosystem is one way to improve local legal assistance and earn the trust of under-resourced investors.
The objective is to produce a resource that administrators and faculty members at HBCUs might leverage to develop their own university IP strategies.
For many of these reasons, Michelson IP has embarked on a journey to expand our IP education intervention strategy by implementing an IP Legal Fellowship. The fellow will execute a project that addresses university IP policies in the HBCU ecosystem. The objective is to produce a resource that administrators and faculty members at HBCUs might leverage to develop their own university IP strategies. Additionally, the fellow will craft a short paper that will compile findings from research conducted over the course of the year-long fellowship.
Demonstrating a focus on development, the fellow will receive support from an HBCU law professor, who will provide critical insight and guidance throughout the fellowship. As a first-of-its-kind fellowship, every opportunity will be made to ensure that the fellow not only learns but is also provided a chance to make a significant contribution to HBCUfocused IP literature.
The legal fellow will also have the opportunity to attend at least two conferences during the fellowship. At the conclusion of the fellowship, they may present their findings and recommendations in two settings: a conference and before senior leadership and other members of Michelson 20MM.
The ideal fellow is a law student with some research and writing experience, exposure to intellectual property, advocacy experience, and engagement in student government or other student advocacy/organizing groups on their campus. An interest in equity, intellectual property, social justice, and policy is essential to the program.
Over 250 applicants for the fellowship were received, many of which touched on how novel and deeply impactful the fellowship is. Given that if offered, IP is often an elective course at law schools, many students were surprised that such an opportunity existed.
To ensure that mentorship is a critical part of the program, we are enlisting the help of a legal research advisor: Professor Lateef Mtima. As a Professor of Law at Howard University School and the Founder and Director of the Institute for Intellectual Property and Social Justice, an accredited non-governmental organization participating in the World Intellectual Property Organization, Mtima’s work focuses on the recognition and fulfillment of social justice obligations in intellectual property law and policy.
Additionally, the fellow will collaborate with Senior Program Manager, Chinwe Ohanele Agwu, an intellectual property attorney licensed in the states of California, New York, and New Jersey. Ohanele Agwu is also an adjunct professor at the University of Southern California’s Gould Law School. While Mtima will oversee and provide guidance to the overall research project, Ohanele Agwu will serve as the principal investigator and research collaborator, helping the fellow identify their research objective, develop a plan, and execute the research project. Once the project is completed, the fellow will present their findings in collaboration with the two advisors.
Lateef Mtima
Professor of Law, Howard University School; Founder and Director, Institute for Intellectual Property and Social Justice
Chinwe Ohanele Agwu
Senior Program Manager, Michelson Institute for IP
A Look Ahead
In an effort to expand the work that began in The HBCU IP Futures Collaborative in 2022, Michelson IP is seeking to bring on an additional seven educators from new institutions. This second phase of the initiative will include the same goals and outcomes as the initial program; however, we will marry the tech transfer work we are doing at the institutional level with the efforts of educators at the faculty level.
By developing meaningful partnerships with institutions, we are hopeful that the collaborative will provide additional support for faculty looking to take the work they are doing with Michelson IP to the next level. This will not only facilitate deep institutional impact, but also sustainability.
Those looking to participate in the next cohort of The HBCU IP Futures Collaborative should sign up for our newsletter to learn when applications become available. Following a review of all applicants, Michelson IP will select seven institutions, each of which will receive a $5,000 grant to implement IP courses into their curriculum and other faculty member’s courses.
This will be a wonderful opportunity to not only expand the scholarship on the development of institutional IP frameworks and policies as well as a means to determine what IP tools and strategies are most effective within the HBCU ecosystem. With an intentional focus on how Michelson IP resources positively impact students within the HBCU ecosystem, we are excited to learn how new faculty members might leverage the resources differently to bring about positive impact.
Conclusion
We have the opportunity to break the cycle of exclusive innovation and benefit society by fostering inclusivity in IP education. To do that, we must be prepared to approach specific underserved populations with solutions that meet them where they are, are focused on empowerment, and recognize the unique circumstances that stand as challenges to their progress. Through a variety of engagements and strategic partnerships we are excited to continue being a long-term partner to the HBCU ecosystem, ensuring that IP is not a false promise to young students looking to improve their lives and the lives of their families and communities.
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