NIH analysis of Scripps-Sandoz

Following is a nearly complete text of a June 11, 1993, letter from NIH Legal Advisor Robert Lanman to Douglas Bingham, general counsel of The Scripps Research Institute. Text from the institute's short reply is included. In some cases, very long paragraphs in the original have been divided for readability.

Dear Mr. Bingham:

At our April 13 meeting, we agreed to provide you with specific written comments on the Scripps/Sandoz research agreement. As we explained at that time, NIH is concerned that the agreement unduly restricts scientific research supported by the Government, appears to be contrary to the letter and spirit of the Bayh-Dole Act (35 U.S.C. §§ 200-211) and may impinge unreasonably upon scientific freedom because of its coverage of potentially all Government-funded inventions made by Scripps' employees, and because of the degree of control that Sandoz is given over the research and patenting activities of the Scripps Research Institute. The potential twenty-year duration of the agreement exacerbates those concerns.

As stated in 35 U.S.C. § 200, the objectives of the Bayh-Dole Act are to (a) promote use of inventions arising from federally funded research; (b) encourage maximum participation of small business firms in federally supported research; (c)

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