6 
patents before publication in order to protect their interests 
abroad. DHEW and Patent Office counsels believe that any neces- 
sary patent applications can be handled expeditiously without 
undue delays in publication. 
The NIH Recombinant DNA Advisory Committee places high 
priority on the rapid dissemination of results in recombinant DNA 
research. Members of the committee believed, however, that patent- 
ing would not create an undue delay or impede the operations of 
the committee in disseminating research and safety information. 
Other commentators who participated in the public hearing on the 
guidelines also concluded that patenting would not create an undue 
delay. Commentators from industry stated that patents expedite 
the disclosure of research results. Several noted that lack of 
patents would discourage the free flow of information because 
industry would seek to protect innovations through trade secrets. 
One commentator, however, suggested that recombinant DNA 
research patents might be specially expedited by the U.S. Patent 
Office, as in the case of patents in the field of environmental 
protection. This recommendation was forwarded to the U.S. Patent 
Office for comment. Another suggestion was that foreign rights 
be waived in an emergency, in order to release important safety 
information quickly. (In Germany and Japan, there is a grace 
period of 6 months after publication in which to file for patent 
protection.) This recommendation was forwarded to the U.S. Patent 
Office for comment. The Commerce Department did issue an order 
[ 8 ] 
