NIH backs down from IP grab

The US National Institutes of Health will defer implementing a policy that would allow it to limit ownership of patent rights and IP developed by NIH-funded Australian researchers.

In an informal meeting this week with the CEO of the National Health and Medical Research Council (NHMRC), Prof Alan Pettigrew, the NIH's deputy director of extramural research, Dr Wendy Baldwin, agreed to defer the new policy for 12 months in order to allow time for further discussion on the implications of the policy.

The policy would allow the NIH to retain control of all IP developed by foreign recipients of NIH grants, except within their own country, to allow maximum benefits to the US and its citizens.

It appears that Australia has taken the lead in approaching the NIH with concerns about the policy, which would also affect researchers in Canada, the UK and other countries.

Earlier this year, Prof Nic Nicola and Prof Don Metcalf from the Walter and Eliza hall Institute, recipients of NIH funding for the last 20 years, criticised the policy in a letter sent to the NIH, and asked for clarification.

The letter pointed out that the US was in a dominant position to exploit medical discoveries no matter where they were made and whether there was or was not a foreign patent in place.

Pettigrew said that his meeting with Baldwin was very good, and had established a good working relationship between the two organisations.

"Their original concern was that NIH funded research should return benefits to the US, which is understandable," he said.

But the NIH did not want to impede interaction between scientists in Australia and the US, or to affect the opportunities for NIH funding to be applied for research in Australia, Pettigrew said.

"The NIH will provide us with information that explains their position, where they are coming from. This gives us the opportunity to work with them to look at different strategies," he explained.

Pettigrew said he was optimistic that the NHMRC and the NIH would be able to jointly develop a process that meets the needs of all stakeholders.

"I am pleased to say that Dr Baldwin welcomed our involvement in discussing alternative approaches that addresses both the needs of the NIH and the concerns of the Australian research community," he said.

"The important thing is that the NIH is very willing to talk with us and recognise our concerns."