C/8A-GEIGY 
Corporation 
Data: 
To: 
Location: 
From: 
Location: 
Sut>i«ct: 
Interoffice 
Correspondence 
CIBA-GEIGY 
September 24, 1976 
Dr. Karl J. Brunnings 
Pharmaceutical - MR 2 
Joseph G. Kolodny 
Patent - OB 1 
SEPTEMBER 7, 1976 LETTER FROM 
DR. FREDRICKSON (HEW) RE. DNA RESEARCH 
In connection with a possible response to Dr. Fredrickson 
regarding the above-mentioned subject matter, it would 
appear, as a matter of basic philosophy, to permit 
organizations which carry out research to obtain some 
patent rights on that research. If the policy involving 
Institutional Patent Agreements is to be changed, however, 
I would prefer option (5) found on page 3 of the Fredrickson 
letter. This option permits retention of patent rights by 
the researcher but gives HEW an opportunity to approve 
licenses which the researcher may wish to grant. 
If HEW were to modify the IPA procedure according to its 
option (1) , again found on page 3 of the Fredrickson 
letter, I would propose that, in addition to publication, 
the Institution involved actually file a patent application 
to be used as a basis for provision of a defensive publication. 
By virtue of this modification, the defensive publication 
would be effective for a period of five years as a basis 
for instituting an interference and preventing a subsequent 
filer from obtaining patent protection. 
rf 
[103] 
