The twisted nature of the patent process contributed to these costs. At about the same time Harvard applied for the patent, researchers at the University of California filed for a similar patent, launching lengthy litigation proceedings in the U.S. patent office.

The University of California, however, withdrew their claim about a year ago, clearing the way for Harvard's patent. The University also won a patent from the European Patent Convention.

New Development

Harvard's disclosure yesterday comes as the University is for the first time planning to grant non-exclusive licenses for a recombinant technique developed by a Harvard professor.

About 200 firms have been invited to apply for a license from a patent developed by Mark S. Ptashne, professor of Biochemistry and Molecular Biology, Atkinson said.

Last year, Harvard rejected granting an exclusive license for the method of two separate biotechnology firms. Ptashne is an active consultant to one of them.

Atkinson attributed the decision mostly to the fact that much of the technology involved in developing the process is already widely disseminated and would not require an unusual effort by one company.

Ptashne refused comment.

The different landing of the fiect a growing methratice of Harvard's policy on technology transfee maters. The Biogen agreements was concluded its Harvard was beginning to develop mechanism for dealing with the issue, and in a strict business sense it is believed that Harvard might have done better to grant a non-exclusive license on the Gilbert discovery.

Gilbert was unavailable for comment yesterday. But in a prepared statement he said that the methods described in the patent should be useful in the commercial production of proteins such as insulin, human search albumin, and other recombinant products.

The method is said to hold significant advantages over conventional protein production, where scientists must destroy the bacteria to recover protein. Under the new method, the cell secretes the protein and remains intact.

A Biogen spokesman said a commercial product from the technique is still several years away