3 
Appendix I lists all individuals and groups whose views were solicited 
in the drafting of the present analysis. A copy of the letter soliciting 
their coaments is also attached. All correspondence from the commentators 
will be published in the second of a series of volumes that document the 
public policy issues and the proceedings relating to NIH decisions on 
recombinant DNA research. 
A review and analysis of comments received on the question of patenting 
recombinant DNA inventions was completed in December 1976 and referred 
to the Federal Interagency Committee on Recombinant DNA Research for their 
attention. Following the Committee review, the report was considered by the 
DHEW Office of the General Counsel, the Public Health Service, and the National 
Institutes of Health. The review, together with a brief report on related 
activities of the Interagency Committee, appears below. 
1 1 . Review of Issues and Comments Received in the Patenting of Recom- 
binant DNA Inventions 
A. Department of Health, Education, and Welfare Patent Policies 
Under current DHEW patent regulations, invention rights to dis- 
coveries developed under the Department's research support are normally 
allocated in either of two ways: 
First, the Department may enter into an Institutional Patent Agree- 
ment (IPA) with a university or other nonprofit organization that has 
instituted mechanisms for administering patents on inventions (see 
Appendix II). The IPA provides the institution the first option to own 
all inventions made in performance of Department grants or contracts, 
subject to a number of conditions deemed necessary to protect the public 
interest. Some of the more important conditions are — 
m 
