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Government and Industry Collaboration in AIDS Drug Development (1994) / Chapter Skim
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HISTORICAL PERSPECTIVES ON GOVERNMENT TECHNOLOGY TRANSFER POLICY AND THE PHARMACEUTICAL INDUSTRY
Pages 3-6

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From page 3...
... In addition, because of the nature of the workshop format, a comprehensive analysis or discussion of the relative meets and shortcomings of the proposed solutions is beyond the scope of this report. HISTORICAL PERSPECTIVES ON GOVERNMENT TECHNOLOGY TRANSFER POLICY AND THE PHAR1\'IACEUTICAL INDUSTRY3 Ever since the federal government in the 1940s began to invest heavily in scientific research conducted in the private sector, there have been conflicting theories about the proper allocation of rights to inventions arising from research supported wholly or in part by public funds.
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From page 4...
... HEW added more leeway in 1957, when it ruled that contracts with private industry for cancer chemotherapy research would not be subject to the presumption against privately owned patent nghts. The first effort to establish a uniform patent policy for the federal government came in 1963, when President Kennedy issued a memorandums stating that the government should generally acquire the principal or exclusive rights to inventions derived from federally supported research.
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From page 5...
... The government may exercise such rights primarily in situations in which a grantee is not taking effective steps to achieve practical application of the invention or in which the action is necessary to address pressing public health or safety needs. To further encourage private companies to commercialize federal inventions, Congress passed the Federal Technology Transfer Act of 1 986 (P.L.
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From page 6...
... rights to any Subject Invention not made solely by the Collaborator's employees for which a patent or other IP application is filed, NIH hereby grants to the Collaborator an option to negotiate, in good faith, the terms of an exclusive or nonexclusive commercialization license that fairly reflect the relative contributions of the Parties to the invention and the CRADA, the risks incurred by the Collaborator, and the costs of subsequent research and development needed to bring the invention to the marketplace." '°U.S. General Accounting Office, Universities' Research Efforts binder Public Law 96-517, GAO Report B-207939, April 4, 1986.
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Key Terms

  • inventions arising
  • private companies
  • exclusive patent
  • industry collaboration
  • federally supported

  • commercialization license
  • government policy
  • pharmaceutical inventions
  • policy concerning
  • concerning patent

  • policies regarding
  • aids drug
  • exclusive rights
  • research collaborations
  • financial burden

  • rights deterred
  • agencies remained
  • deterred industry
  • public funds
  • background paper

  • aids treatment
  • subsequent research
  • president kennedy
  • unreasonable restrictions
  • inventions supported

  • transfer act
  • invest heavily
  • introductory price
  • retaining patent
  • neither approach


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