4 
The views of commentators were solicited on excluding recombinant 
DNA research inventions from IPA's, so that patents would be granted 
only for dedication to the public. Possible approaches include the 
following: 
Recombinant DNA research inventions could be excluded from the 
IPA’s. Alternatively, the IPA could require institutions filing patent 
applications for recombinant DNA research inventions to dedicate all 
issued patents to the public. Finally, a condition could be added to 
the institutional patent agreement requiring institutions to assign to 
DHEW all recombinant DNA research inventions developed under Department 
support. The Department, as the patent holder, could either dedicate 
the patent to the public or pursue licensing, with appropriate conditions 
attached. There was little support among commentators for any of these 
options. They preferred to have DNA research inventions covered under 
the IPA's. 
Commentator views were also solicited on the possibility of extend- 
ing NIH Guidelines to the private sector by requiring adherence to the 
Guidelines through IPA’s. The commentators generally supported this 
extension of Guidelines to private industry through use of IPA’s. 
However, a number pointed out that use of the patent system to achieve 
compliance with the Guidelines was at best a make-shift solution, 
because of the difficulty in exercising regulatory control through the 
patent process. 
[Appendix B — 248] 
