COR POR ATE 
GENERAL 
ELECTRIC 
RESEARCH AND 
GENERAL ELECTRIC COMPANY. RESEARCH AND DEVELOPMENT CENTER. P.O. BOX 8 
SCHENECTADY. NEW YORK 12301, Phone (518) 385-2211 
DEVELOPMENT 
Building K-l f Room 3B35 
September 28, 1976 
Donald S. Fredrickson, M.D. 
Director - National Institutes of Health. 
Department of Health, Education and Welfare 
Building 1 - Room 124 
Bethesda, Maryland 20014 
Dear Dr. Fredrickson: 
In response to your letter of September 7, 1976, I have con- 
sidered the question of recombinant DNA patent licensing policy with 
my associates including our Corporate counsel. As a result, it is 
our opinion that policy Option 3 set out on page 3 of your letter 
would best serve the purposes which you have stated. 
As a general proposition, we do not consider it to be in the 
public interest for the Government to take title to inventions made 
in the performance of work under government contracts. In the very 
special circumstances of recombinant DNA research activity, however, 
we do believe that, pending enactment of appropriate legislation, the 
Government should hold title to all inventions made under NIH grants. 
In that way its immediate control purpose can be served through patent 
licensing while minimizing potential tie-in provision and alienation 
issue problems, and keeping the basic licensing activity as uncompli- 
cated as possible. 
At best this patent licensing method of providing the desired con- 
trol is in our view a poor substitute for specific legislation, and 
suitable only for stop-gap use until Congress acts in response to the 
recognized necessity for recombinant DNA research regulation. 
In regard to the concern that publication of research results 
might be unduly delayed because of patent considerations, our general 
experience has been to the contrary. Thus, patent application filing 
is expedited as necessary to meet management's desire for early publi- 
cation without forfeiture of foreign patent rights. 
We very much appreciate your affording us the opportunity to be 
heard on this important matter. 
Sincerely yours, 
John F. Brown, Jr. 
Manager - Life Sciences Branch 
PHYSICAL CHEMISTRY LABORATORY 
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