NIH Scientists Seek Animal Patents

NEWS NIH Scientists Seek Animal Patents Author:JEFFREY PORRO Date: FEBRUARY 08, 1988 Japanese May Invite 300 Into Labs WASHINGTON - Japan, under pressure to open its labs to outsiders, may soon be inviting more than 300 additional foreign researchers, under programs approaved last month by the nation's Finance Ministry. During a visit here last month, Prime Minister Noboru Takeshita offered $4.4 million to help finance long-term visits by U.S. Scientists to Japan's government, university and industrial labs. He suggested that the National Science Foundation pick the recipients. Charles T. Owens, a Japan specialist at NSF, said the funds would be sufficient to provide fellowships for between 75 and 125 U.S. investigators, depending on how long they planned to stay in Japan. In addition, several Japanese agencies have included money in their 1988 budget requests to support research by foreigners. The Ministry of Education, Science and Culture, for example, plans to provide fellowships for 50 Americans and 50 Europeans. The Science and Technology Agency intends to support 100 foreign scientists, including 50 Americans. And the Ministry of International Trade and Industry is expected to offer spaces for about 10 researchers, according to the NSF's Charles W. Wallace. Some money might be granted to U.S. researchers already in Japan many of whom, Wallace said, "are really hurting" because of the sharp devaluation of the dollar. Owens said that NSF would soon send posters to 1,800 U.S. universities describing the agency's own initiatives for attracting more U.S. researchers to Japan. Details of all these programs are available from Owens or Wallace at the Division of International Programs, National Science Foundation, 1800 G Street, NW, Washington DC. 20550; (202)357-9632 or 9558. WASHINGTON - Nine months after the U.S. Patent Office's controversial ruling that genetically altered animals can be patented, scientists at the National Institutes of Health plan to apply for animal patents. And researchers in at least one other agency the U.S. D Department of Agriculture are seriously considering it. Richard Wyatt, NIH special assistant for intramural affairs, told a government workshop it was very likely that NIH scientists would be applying for animal patents "if we assume that animals are patentable." He said that two NIH scientists are discussing with the Patent Office a possible application covering transgenic mice. Ann Whitehead of the Agricultural Research Service said "It's possible USDA would get patents on animals. We are considering this." The December, 11 workshop, entitled "Federal Regulation and Animal Patents," was held by Congress' Office of Technology Assessment (OTA) and included representatives from 10 federal agencies. Both Whitehead and Wyatt cited the importance of the recent Technology Transfer Act, which aims to stimulate the flow of government-developed technology to the private sector. Whitehead said that one reason USDA is considering patenting animals is that "the best way to commercialize federal technology is to do it with a patent." Wyatt noted that the act has led to "a major push for patents at NIH," and that animal patents would be no exception. However, Wyatt and Whitehead also agreed with other federal officials at the workshop that animal patenting would have little effect on their respective agencies' regulatory or research duties. Officials from several agencies including NASA and the Alcohol, Drug Abuse and Mental Health Administration, which includes NIHM--said they rarely used genetically altered animals. Officials from NIH and the USDA, which frequently use such animals, said that existing laws and regulations were adequate. Stanley Abramson of the Environmental Protection Agency said it was "not clear if the patentability of animals would have a direct impact on EPA, but it may have an indirect impact" on the types of organisms the agency is responsible for regulating. A Long Wait Some of the agency representatives said it would be years before animal patenting had an impact. Charles Van Horne of the Patent and Trademark office, who reported last April that his office had received 15 applications for animal patents, said there are "more now" among some 8,000 pending applications in biotechnology. "In some cases," he said, "it can be as much as two years before someone picks up the application to examine it." If the patent is rejected, he added, the appeals process can last two more years. Roger Gerrits of USDA's Agricultural Research Service said, "We don't see anything on the horizon that will get these genetically altered animals into conventional livestock herds within the next 10 years." He said genetically altered chickens might move into breeder flocks within the next five years. Non-governmental participants were more concerned with the adequacy of existing regulations, especially those concerning animal welfare and environmental protection. "There is no legislation that addresses large groups of animals that are going to be genetically engineered," said Margaret Mellon, manager of the National Wildlife Federation's Biotechnology Project. Moss Stambler a professor of health sciences at Southern Connecticut State University and consultant to Rep. Bruce Morrison (D-Conn.), worried that "no one agency seems to have the lead authority over controlling environmental release." The workshop was part of an OTA study on patenting life forms to be completed this summer. The December workshop focused on how federal agencies might be affected by the patent ruling; other meetings will address broader ethical and economic issues. Congress, which requested the report, may not wait for it before acting. Last May Sen. Mark Hatfield (R-Ore.) attached an amendment to a supplemental appropriations bill calling for a six-month moratorium on animal patents. The amendment passed the Senate but was dropped in conference. He plans to introduce moratorium legislation again this year. Porro is a freelance writer in Washington. D.C.

NIH Scientists Seek Animal Patents

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