To the Editor: In their Special Communication on university-based science and biotechnology products,¹ Drs Kesselheim and Avorn reviewed problems related to academic patents and possible solutions. However, the de facto contract between society and universities was not discussed, even though private contributions to universities exceeded 24 billion dollars in 2004.²

Universities exist to collect knowledge, objectively evaluate it, and make it available for students, other scholars, and society. To these ends they are granted unique privileges, which include tax-free status, access to tax deductible gifts, and governmental support. Open flow of information and collaboration among colleagues are fundamental features of academic life. This arrangement allows research to proceed without personal financial risk. Traditionally (as with the Salk vaccine), the public did not pay a second time in the form of royalties when the results were commercialized.