UTAtUtHlO mot 
E. I. du Pont de Nemours & Company 
MCO«*0«4'CO 
Wilmington, Delaware I989Q 
LEGAL DEPARTMENT 
October 1976 
Donald S. Fredrickson, M.D. 
Director, Public Health Service 
Dept, of Health, Education and Welfare 
National Institutes of Health 
Bethesda, Maryland 20014 
Dear Dr. Fredrickson: 
Your letter of September 7, 1976, to Dr. C. C. McDonald 
of our Central Research and Development Department soliciting 
our views on the question of patent activities in the area of 
recombinant DMA research activity has been referred to my office. 
We in Du Pont welcome the opportunity to present our views on 
patenting and licensing in this important research area as well 
as on your Department patent policy as it relates to the five 
options you have outlined on page 3 of your letter. 
As you might expect, we in Du Pont are always interested 
in new research horizons and recombinant DMA research is no 
exception. In view of our large commitment to R&D activities, 
we attach great importance to the patent system as an R&D incen- 
tive. Although your letter is primarily concerned with research 
efforts stemming from Government (HEW) grants, we visualize 
that in this area dealing with the transplanting of genes, 
private industry will eventually be playing an important part. 
Your Department's normal policy of allocating invention 
rights, as we understand it, has our support for we feel that 
it is flexible enough to be responsive to both academic and 
industry's needs, provides the incentive necessary for widespread 
industry participation in NIH programs, and improves the chances 
of dissemination of research information. V/e believe that to 
stimulate the development of inventions in the recombinant DMA 
area, in fact in any field, and to encourage the commercialization 
of such inventions, the best policy is one which provides the 
historical Incentives of our present patent system. This 
clearly encourages participation by companies having technology 
transfer capabilities. 
We support the position that NIH should continue 
to have the authority to negotiate with all contractors and 
recipients of grants regarding rights to patents and technical 
information resulting from cooperative research efforts with 
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