15 
They were divided, however, on whether to achieve that goal through the 
use of patent agreements. Several commentators recommended Federal action 
to ensure uniform standards with appropriate monitoring. They noted that 
the implementation of the NIH Guidelines through licenses granted under 
patents is awkward at best and would be only a temporary solution. 
The Interagency Committee members voiced strong support for Depart- 
ment policies governing Institutional Patent Agreements, and all except 
representatives of the Department of Justice believe that recombinant 
DNA research inventions should be considered within the existing terms 
of the Institutional Patent Agreement. It should be noted that the 
Justice Department opinions rested heavily on a draft bill orginally pro- 
posed by Senator Kennedy for the regulation of recombinant DNA research 
activities. Specifically, Justice referred to the patent sections of 
this draft bill that were based on the concept of Government ownership 
of recombinant DNA research inventions. In subsequent versions of Senator 
Kennedy's bill, however, all sections related to patents were eliminated. 
The perceived need for extension of the Guidelines generated support 
among the commentators in the summer and fall of 1976 for the use of 
patents as a means of obtaining compliance. Legislation to ensure uniform 
standards and regulations nationally for all recombinant DNA activities 
in both the public and private sectors was considered in the First 
Session, 95th Congress. In the current session, legislation once again 
is being considered. Use of the Institutional Patent Agreement as a means 
of obtaining compliance with the NIH guidelines is not an adequate substitute 
for legislation. 
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