Office of the Director, National Institutes of Health; Notice of Meeting, 18415-18416 [05-7241]
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Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Notices
in Sharing Biomedical Research
Resources (https://ott.od.nih.gov/
NewPages/RTguide_final.html) and
Developing Sponsored Research
Agreements (https://ott.od.nih.gov/
spons_research.html).
Patent Protection
Like other emerging technology areas,
patents directed to genomic inventions
tend to issue with claims that are broad
in scope. Public health-oriented
technology transfer must balance the
rewards of broad intellectual property
protection afforded to founders of
enabling genomic inventions with the
benefits of fostering opportunities for
those striving to improve upon those
innovations.
Therefore, in considering whether to
seek patent protection on genomic
inventions, institutional officials should
consider whether significant further
research and development by the
private sector is required to bring the
invention to practical and commercial
application. Intellectual property
protection should be sought when it is
clear that private sector investment will
be necessary to develop and make the
invention widely available. By contrast,
when significant further research and
development investment is not required,
such as with many research material
and research tool technologies, best
practices dictate that patent protection
rarely should be sought.
Best Licensing Practices
The optimal strategy to transfer and
commercialize many genomic
inventions is not always apparent at
early stages of technology development.
As an initial step in these instances, it
may be prudent to protect the
intellectual property rights to the
invention. As definitive commercial
pathways unfold, those embodiments of
an invention requiring exclusive
licensing as an incentive for commercial
development of products or services can
be distinguished from those that would
best be disseminated non-exclusively in
the marketplace.
Whenever possible, non-exclusive
licensing should be pursued as a best
practice. A non-exclusive licensing
approach favors and facilitates making
broad enabling technologies and
research uses of inventions widely
available and accessible to the scientific
community. When a genomic invention
represents a component part or
background to a commercial
development, non-exclusive freedom-tooperate licensing may provide an
appropriate and sufficient complement
to existing exclusive intellectual
property rights.
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In those cases where exclusive
licensing is necessary to encourage
research and development by private
partners, best practices dictate that
exclusive licenses should be
appropriately tailored to ensure
expeditious development of as many
aspects of the technology as possible.
Specific indications, fields of use, and
territories should be limited to be
commensurate with the abilities and
commitment of licensees to bring the
technology to market expeditiously.
For example, patent claims to gene
sequences could be licensed exclusively
in a limited field of use drawn to
development of antisense molecules in
therapeutic protocols. Independent of
such exclusive consideration, the same
intellectual property rights could be
licensed non-exclusively for diagnostic
testing or as a research probe to study
gene expression under varying
physiological conditions.
License agreements should be written
with developmental milestones and
benchmarks to ensure that the
technology is fully developed by the
licensee. The timely completion of
milestones and benchmarks should be
monitored and enforced. Best practices
provide for modification or termination
of licenses when progress toward
commercialization is inadequate.
Negotiated sublicensing terms and
provisions optimally permit fair and
appropriate participation of additional
parties in the technology development
process.
Funding recipients and the intramural
technology transfer community may
find these recommendations helpful in
achieving the universal goal of ensuring
that public health consequences are
considered when negotiating licenses
for genomic technologies.
PHS encourages licensing policies
and strategies that maximize access, as
well as commercial and research
utilization of the technology to benefit
the public health. For this reason, PHS
believes that it is important for funding
recipients and the intramural
technology transfer community to
reserve in their license agreements the
right to use the licensed technologies for
their own research and educational
uses, and to allow other institutions to
do the same, consistent with the
Research Tools Guidelines.
Conclusion
PHS recognizes that these
recommendations generally reflect
practices that may already be followed
by most funding recipients and the
intramural technology transfer
community with regard to licensing of
genomic and other technologies. PHS
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18415
also acknowledges the need for
flexibility in the licensing negotiation
process as the requirements of
individual license negotiations may
vary and may not always be adaptable
to these best practices.
Dated: April 5, 2005.
Mark L. Rohrbaugh,
Director, Office of Technology Transfer,
National Institutes of Health.
[FR Doc. 05–7247 Filed 4–8–05; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Office of the Director, National
Institutes of Health; Notice of Meeting
Pursuant to section 10(a) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. Appendix 2), notice
is hereby given of a meeting of the
Director’s Council of Public
Representatives.
The meeting will be open to the
public, with attendance limited to space
available. Individuals who plan to
attend and need special assistance, such
as sign language interpretation or other
reasonable accommodations, should
notify the Contact Person listed below
in advance of the meeting.
Name of Committee: Director’s Council of
Public Representatives.
Date: April 28, 2005.
Time: 8:30 a.m. to 4:30 p.m.
Agenda: Among the topics proposed for
discussion are: (1) NIH Director’s update; (2)
update on conflict of interest; (3) update on
public access; (4) NIH response to COPR’s
recommendations and formal reports to the
NIH Director; and (5) discussion and public
comment.
Place: National Institutes of Health,
Building 31, C–Wing, Conference Room 6,
9000 Rockville Pike, Bethesda, MD 20852.
Contact Person: Jennifer E. Gorman Vetter,
NIH Public Liaison/COPR Coordinator, Office
of Communications and Public Liaison,
Office of the Director, National Institutes of
Health, 9000 Rockville Pike, Building 1,
Room 344, Bethesda, MD 20892, (301) 435–
4448, gormanj@od.nih.gov.
Any member of the public interested in
presenting oral comments to the committee
may notify the Contact Person listed on this
notice at least 10 days in advance of the
meeting. Interested individuals and
representatives of organizations may submit
a letter of intent, a brief description of the
organization represented, and a short
description of the oral presentation. Only one
representative of an organization may be
allowed to present oral comments and if
accepted by the committee, presentations
may be limited to five minutes. Both printed
and electronic copies are requested for the
record. In addition, any interested person
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11APN1
18416
Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Notices
may file written comments with the
committee by forwarding their statement to
the Contact Person listed on this notice. The
statement should include the name, address,
telephone number and when applicable, the
business or professional affiliation of the
interested person.
In the interest of security, NIH has
instituted stringent procedures for entrance
into the building by non-government
employees. Persons without a government
I.D. will need to show a photo I.D. and signin at the security desk upon entering the
building.
Information is also available on the
Institute’s/Center’s Home page: https://
www.copr.nih.gov, where an agenda and any
additional information for the meeting will
be posted when available.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.14, Intramural Research
Training Award; 93.22, Clinical Research
Loan Repayment Program for Individuals
from Disadvantaged Backgrounds; 93.232,
Loan Repayment Program for Research
Generally; 93.39, Academic Research
Enhancement Award; 93.936, NIH Acquired
Immunodeficiency Syndrome Research Loan
Repayment Program; 93.187, Undergraduate
Scholarship Program for Individuals from
Disadvantaged Backgrounds, National
Institutes of Health, HHS)
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Cancer Institute; Notice of
Closed Meeting
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. Appendix 2), notice
is hereby given of the following
meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
17:45 Apr 08, 2005
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Dated: April 4, 2005.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. 05–7242 Filed 4–8–05; 8:45 am]
National Institute of Allergy and
Infectious Diseases; Notice of Closed
Meetings
BILLING CODE 4140–01–M
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institute of Allergy and
Infectious Diseases; Notice of Closed
Meeting
BILLING CODE 4140–01–M
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(Catalogue of Federal Domestic Assistance
Program Nos. 93.855, Allergy, Immunology,
and Transplantation Research; 93.856,
Microbiology and Infectious Diseases
Research, National Institutes of Health, HHS)
National Institutes of Health
Dated: April 4, 2005.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. 05–7241 Filed 4–8–05; 8:45 am]
Name of Committee: National Cancer
Institute Special Emphasis Panel, Patient
Navigator Research Program.
Date: May 5–6, 2005.
Time: 8 a.m. to 4 p.m.
Agenda: To review and evaluate grant
applications.
Place: Holiday Inn Select Bethesda, 8120
Wisconsin Ave., Bethesda, MD 20814.
Contact Person: Joyce C. Pegues, PhD,
Scientific Review Administrator, Special
Review and Logistics Branch, Division of
Extramural Activities, National Cancer
Institute, 6116 Executive Blvd. 7149,
Bethesda, MD 20892, 301/594–1286,
peguesj@mail.nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.392, Cancer Construction;
93.393, Cancer Cause and Prevention
Research; 93.394, Cancer Detection and
Diagnosis Research; 93.395, Cancer
Treatment Research; 93.396, Cancer Biology
Research; 93.397, Cancer Centers Support;
93.398, Cancer Research Manpower; 93.399,
Cancer Control, National Institutes of Health,
HHS)
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. Appendix 2), notice
is hereby given of the following
meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), title 5 U.S.C.,
as amended. The contract proposals and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the contract
proposals, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
Allergy and Infectious Diseases Special
Emphasis Panel, NIH Malaria Research &
Reference Reagent Resource Center (MR4).
Date: May 4, 2005.
Time: 3 p.m. to 5 p.m.
Agenda: To review and evaluate contract
proposals.
Place: National Institutes of Health,
Rockledge 7600, 6700B Rockledge Drive,
Bethesda, MD 20817. (Telephone conference
call).
Contact Person: Adriana Costero, PhD,
Scientific Review Administrator, Scientific
Review Program, DEA/NIAID/DHHS, 6700B
Rockledge Drive, MSC–7616, Bethesda, MD
20892. 301–451–4573.
acostero@niaid.nih.gov.
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Dated: April 4, 2005.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. 05–7234 Filed 4–8–05; 8:45 am]
BILLING CODE 4140–01–M
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. Appendix 2), notice
is hereby given of the following
meetings.
The meetings will be closed to the
public in accordance with the
provisions set forth in section 552b(c)(4)
and 552b(c)(6), title 5 U.S.C., as
amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
application, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
Allergy and Infectious Diseases Special
Emphasis Panel, Challenge Grants:
Biodefense Product Development.
Date: April 27, 2005.
Time: 8 a.m. to 6:30 p.m.
Agenda: To review and evaluate grant
applications.
Place: Double Tree Rockville, 1750
Rockville Pike, Rockville, MD 20852.
Contact Person: Mary J. Homer, PhD,
Scientific Review Administrator, Scientific
Review program, Division of Extramural
Activities, NIAID/NIH/DHHS, Room 3255,
6700–B Rockledge Drive, MSC 7616,
Bethesda, MD 20892. (301) 496–7042.
mjhomer@niaid.nih.gov.
Name of Committee: National Institute of
Allergy and Infectious Diseases Special
Emphasis Panel, Challenge Grants:
Biodefense Product Development RFA–AI–
04–029.
Date: April 29, 2005.
Time: 8:30 a.m. to 6:30 p.m.
Agenda: To review and evaluate grant
applications.
Place: Double Tree Rockville, 1750
Rockville Pike, Rockville, MD 20852.
Contact Person: Tracy A. Shahan, PhD,
Scientific Review Administrator, Scientific
Review Program, Division of Extramural
Activities, NIAID/NIH/DHHS, Room 3121,
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11APN1
Agencies
[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Notices]
[Pages 18415-18416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7241]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
Office of the Director, National Institutes of Health; Notice of
Meeting
Pursuant to section 10(a) of the Federal Advisory Committee Act, as
amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of
the Director's Council of Public Representatives.
The meeting will be open to the public, with attendance limited to
space available. Individuals who plan to attend and need special
assistance, such as sign language interpretation or other reasonable
accommodations, should notify the Contact Person listed below in
advance of the meeting.
Name of Committee: Director's Council of Public Representatives.
Date: April 28, 2005.
Time: 8:30 a.m. to 4:30 p.m.
Agenda: Among the topics proposed for discussion are: (1) NIH
Director's update; (2) update on conflict of interest; (3) update on
public access; (4) NIH response to COPR's recommendations and formal
reports to the NIH Director; and (5) discussion and public comment.
Place: National Institutes of Health, Building 31, C-Wing,
Conference Room 6, 9000 Rockville Pike, Bethesda, MD 20852.
Contact Person: Jennifer E. Gorman Vetter, NIH Public Liaison/
COPR Coordinator, Office of Communications and Public Liaison,
Office of the Director, National Institutes of Health, 9000
Rockville Pike, Building 1, Room 344, Bethesda, MD 20892, (301) 435-
4448, gormanj@od.nih.gov.
Any member of the public interested in presenting oral comments
to the committee may notify the Contact Person listed on this notice
at least 10 days in advance of the meeting. Interested individuals
and representatives of organizations may submit a letter of intent,
a brief description of the organization represented, and a short
description of the oral presentation. Only one representative of an
organization may be allowed to present oral comments and if accepted
by the committee, presentations may be limited to five minutes. Both
printed and electronic copies are requested for the record. In
addition, any interested person
[[Page 18416]]
may file written comments with the committee by forwarding their
statement to the Contact Person listed on this notice. The statement
should include the name, address, telephone number and when
applicable, the business or professional affiliation of the
interested person.
In the interest of security, NIH has instituted stringent
procedures for entrance into the building by non-government
employees. Persons without a government I.D. will need to show a
photo I.D. and sign-in at the security desk upon entering the
building.
Information is also available on the Institute's/Center's Home
page: https://www.copr.nih.gov, where an agenda and any additional
information for the meeting will be posted when available.
(Catalogue of Federal Domestic Assistance Program Nos. 93.14,
Intramural Research Training Award; 93.22, Clinical Research Loan
Repayment Program for Individuals from Disadvantaged Backgrounds;
93.232, Loan Repayment Program for Research Generally; 93.39,
Academic Research Enhancement Award; 93.936, NIH Acquired
Immunodeficiency Syndrome Research Loan Repayment Program; 93.187,
Undergraduate Scholarship Program for Individuals from Disadvantaged
Backgrounds, National Institutes of Health, HHS)
Dated: April 4, 2005.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 05-7241 Filed 4-8-05; 8:45 am]
BILLING CODE 4140-01-M