The History of Cloning Vector p BR 322

The History of Cloning Vector p. BR 322 Scientific and Intellectual Property Considerations Anu Kotha IGSP Center for Genome Ethics, Law & Policy

Objectives • Analyze the atmosphere and motivations for engineering p. BR 322 • Evaluate “open science” sharing of p. BR 322 • Uncover reasons for not patenting p. BR 322 • Study dissemination rates of p. BR 322 compared to patented technologies

Methods • Personal interviews with Dr. Ray Rodriguez & Dr. Axel Ullrich • Publicly available interviews of Dr. Herb Boyer, Mr. Bob Swanson, Dr. Paul Berg, & Dr. Mary Betlach • Scientific articles and other scholarly works • Web of Science, United States Patent Office, and Delphion Citation and Patent Searches

Early Recombinant DNA Controversy • Berg’s recombinant DNA methods • Asilomar I • Cohen-Boyer • Voluntary Moratorium • Asilomar II

Creation of p. BR 322 • Scientists and public concerned about the safety of recombinant DNA • After Asilomar II all recombinant DNA work stops in Boyer Lab • Postdocs Bolivar & Rodriguez engineer a safer and easier to use vector- p. BR 322 Bolivar and Rodriguez

Advantages of p. BR 322 • Combination of ampicillin and tetracycline resistance • Increased replication rate • Significantly reduced chance of conjugal transfer of vector

“Open Science” Sharing of p. BR 322 • Collaborators of Boyer lab received vector immediately • Presentations about p. BR 322 at conferences increased demand • Vector distributed without discrimination • Rapid dissemination of p. BR 322 despite NIH’s reluctance to both certify and approve vector Boyer Lab

Reasons for Not Patenting p. BR 322 • Not realizing patent potential of vector • Negative scientific attitudes towards intellectual property protection • Complications resulting from Boyer lab’s collaboration with Genentech Whatever the reason, not patenting p. BR 322 was a major loss of potential revenue for UCSF

p. BR 322 Today • Still a popular commercial vector • Numerous derivatives of p. BR 322 • “It is more meaningful to me that the original paper is not referred to anymore in a large number of papers, perhaps having achieved wide recognition. ”- Bolivar

Citation Trends Maxam-Gilbert p. BR 322 PCR

Attitudes Today • Recombinant DNA is basis of hot research and biotech industry • Scientists more accepting of intellectual property protection of their results • Patents viewed as source of more research funding

Conclusions • p. BR 322 engineered in response to fear of recombinant DNA • High demand safe use of p. BR 322 helped catalyze acceptance of recombinant DNA research • p. BR 322 created during time of ideological shift in biological sciences • p. BR 322 openly shared • Patenting p. BR 322 may have not significantly altered its dissemination into scientific community

Acknowledgements • Dr. Cook-Deegan • Dr. Ilse Wiechers • GELP Team

Questions?