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accomplish the desired result. Approval of potential licenses by the Department 
would be conditioned on their compliance with the NIH Guidelines. However, it 
should be emphasized that the Department's approval or denial of licenses be 
precisely limited to a determination of the licensees' ability and intent to 
comply with the guidelines. The terms and conditions of the license agreement 
must be left to arms-length negotiation by the parties. In this way, the 
integrity of the IPA may be maintained, thereby preserving the incentive to 
pursue this vital area of technology with the assurance that appropriate condi- 
tions of safety shall be exercised in the research effort. 
Insofar as the concern you express in your letter regarding patents and the 
effect they may have on the dissemination of research information, it has been 
our experience that it is the patent right that insures the rapid publication 
of technical information. Patents represent the indicia of the Governmental 
effort to reward the inventor for the disclosure of his invention by giving him, 
for a fixed period, the right to exclude others from its practice. In environ- 
ments were patents are denied or the right severely limited, the exchange of 
research information is impeded. In those circumstances, one's interest may 
often be protected only by resort to the "trade secret" approach whereby informa- 
tion is withheld from the public. A viable patent system insures prompt and full 
disclosure. In fact, early publication of research information involving 
recombinant DNA technology can be best assured under the existing IPA program. 
We hope that you find our comments useful. If you should have any questions 
concerning this letter or if I may be of further assistance with respect to 
this matter, please do not hesitate to call upon me. 
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