STANFORD UNIVERSITY MEDICAL CENTER 
STANFORD, CALIFORNIA 94305 
DEPARTMENT OF BIOCHEMISTRY 
PAUL BERG 
Willson Professor of Biochemistry 
September 27, 1976 
Dr. DonaldS. Fredrickson 
Dept, of Health, Education 
and Welfare 
National Institutes of Health 
Bethesda, Maryland 20014 
Dear Don, 
I am very pleased and relieved that you are moving decisively to 
examine the Department's patent policy, particularly as it applies to 
recombinant DNA research. Continued confusion and uncertainty in 
this matter, which is widespread, can only poison the debate on 
recombinant DNA matters and lead to regrettable decisions and actions. 
The policy establishing IPA's is not only defensible but commend- 
able. To encourage the development of new technology based on re- 
search progress in University and other non-profit institutional 
laboratories is an important way of ensuring that the investment 
being made by government in basic research is used for the benefit 
of its people. Nevertheless, I have serious concerns and reserva- 
tions about the application of current patent policy to recombinant DNA 
matters. 
Here at Stanford, whenever I've been consulted, I've advocated 
caution and even opposition to the University's patent application for 
its "recombinant DNA invention". And, I've been particularly 
adamant about not entering into negotiations with potential licensees 
prior to a resolution of the pending patent application and development 
of a national policy by the Government. Nevertheless, in spite of my 
reticence and opposition, I've been supportive of the objectives of the 
policy establishing the IPA agreements, sympathetic to the University's 
need for financial help and totally committed to the notion that commer- 
cial exploitation of this basic research development should be accom- 
panied by a return of some of that wealth (more or less as a tithe) to 
the institutions from whence it came. I am less sympathetic but mind- 
ful of those investigators who seek additional personal benefits from 
their endeavors. 
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