13 
All agencies voiced support for DHEW's policies governing 
Institutional Patent Agreements. Further, all except Justice 
believe that recombinant DNA research inventions should be handled 
no differently from other inventions under the terms of the IPAs. 
The Department of Justice believed that, in view of the great public 
interest in this research, ownership of any invention stemming from 
Government-sponsored research in the recombinant DNA field should 
be held by the U. S. Government. 
IV. Summary Review and Analysis 
From all the comments received, there was general support for Insti- 
tutional Patent Agreements between the DHEW and grantee institutions. 
The agreements allow, through appropriate conditions, the disposition of 
inventions as a result of Department-supported research. Under the terms, 
there is a careful delineation of the rights and duties of grantees 
and of the Department. Detailed conditions are set forth for institutions 
to grant exclusive and nonexclusive licenses, and a set of conditions for 
the distribution of royalties is included. Either party may terminate 
the agreement upon 30 days notice. 
Under the terms of the agreement, institutions must grant the 
Government a royalty-free nonexclusive license, under which any grantee 
or contractor of the Government operates. Under patent law, the use of 
patents for research purposes is not an infringement, and anyone may use 
the invention in research without paying royalties. In sum, DHEW Institu- 
tional Patent Agreements are perceived to strike a fair and equitable 
balance between public rights and private interests. 
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