1. Anu Kotha IGSP Center for Genome Ethics, Law & Policy
The History of Cloning Vector pBR322 Scientific and Intellectual Property Considerations
Anu Kotha
IGSP Center for Genome Ethics, Law & Policy

2. Objectives
Analyze the atmosphere and motivations for engineering pBR322
Evaluate “open science” sharing of pBR322
Uncover reasons for not patenting pBR322
Study dissemination rates of pBR322 compared to patented technologies

3. 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

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

5. Creation of pBR322
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- pBR322
Bolivar and Rodriguez

6. Advantages of pBR322
Combination of ampicillin and tetracycline resistance
Increased replication rate
Significantly reduced chance of conjugal transfer of vector

7. “Open Science” Sharing of pBR322
Collaborators of Boyer lab received vector immediately
Presentations about pBR322 at conferences increased demand
Vector distributed without discrimination
Rapid dissemination of pBR322 despite NIH’s reluctance to both certify and approve vector
Boyer Lab

8. Reasons for Not Patenting pBR322
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 pBR322 was
a major loss of potential revenue for UCSF

9. pBR322 Today Still a popular commercial vector
Numerous derivatives of pBR322
“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

10. Citation Trends
Maxam-Gilbert
pBR322
PCR

11. 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

12. Conclusions pBR322 engineered in response to fear of recombinant DNA
High demand and safe use of pBR322 helped catalyze acceptance of recombinant DNA research
pBR322 created during time of ideological shift in biological sciences
pBR322 openly shared
Patenting pBR322 may have not significantly altered its dissemination into scientific community

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

14. Questions?