Prospective Grant of an Exclusive Patent License: Adeno-Associated Virus Polynucleotides, Polypeptides and Virions, 34246 [2021-13826]

Download as PDF 34246 Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Notices Dated: June 23, 2021. Tyeshia M. Roberson, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2021–13814 Filed 6–28–21; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, 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. lotter on DSK11XQN23PROD with NOTICES1 Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIH Support for Conferences and Scientific Meetings (Parent R13 Clinical Trial Not Allowed). Date: July 26–28, 2021. Time: 7:30 a.m. to 3:00 p.m. Agenda: To review and evaluate grant applications and/or proposals. Place: National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3F21B, Rockville, MD 20892 (Virtual Meeting). Contact Person: Maryam Feili-Hariri, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3F21B, Rockville, MD 20852, (240) 669–5026, haririmf@niaid.nih.gov. (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) Dated: June 23, 2021. Tyeshia M. Roberson, Program Analyst,Office of Federal Advisory Committee Policy. [FR Doc. 2021–13815 Filed 6–28–21; 8:45 am] BILLING CODE 4140–01–P VerDate Sep<11>2014 18:06 Jun 28, 2021 Jkt 253001 The patent rights in these inventions have been assigned to the Government of the United States of America, Sydney National Institutes of Health Children’s Hospital Network, and the Children’s Medical Research Institute Prospective Grant of an Exclusive (CMRI), a co-owner of said rights, for Patent License: Adeno-Associated commercial development and Virus Polynucleotides, Polypeptides marketing. The prospective patent and Virions license will be for the purpose of consolidating the patent rights to CMRI. AGENCY: National Institutes of Health, Consolidation of these co-owned rights HHS. is intended to expedite development of ACTION: Notice. the invention, consistent with the goals SUMMARY: The National Heart, Lung, and of the Bayh-Dole Act codified as 35 Blood Institute, an institute of the U.S.C. 200–212. The prospective patent National Institutes of Health, license will be worldwide, exclusive, Department of Health and Human may be limited to those fields of use Services, is contemplating the grant of commensurate in scope with the patent an Exclusive, Sublicensable Patent rights, and will be sublicensable. The subject technology pertains to a License to consolidate co-owned rights ‘‘fossilized’’ AAV-derived endogenous to the inventions and the Patents and viral element (referred to as mAAV– Patent Applications listed in the EVE) within the germline of an ancient SUPPLEMENTARY INFORMATION section of lineage of Australian marsupials. This this notice to The Children’s Medical novel AAV coat protein sequence of Research Institute, having a place of mAAV–EVE may provide the basis for business in Westmead NSW, Australia. recombinant AAV vectors with unique DATES: Only written comments and/or biological properties. applications for a license that are This notice is made in accordance received by the National Heart, Lung, with 35 U.S.C. 209 and 37 CFR 404. The and Blood Institute Office of prospective Exclusive Patent License Technology and Development on or will be royalty bearing and may be before July 14, 2021 will be considered. granted unless, within fifteen (15) days ADDRESSES: Requests for a copy of the from the date of this published notice, patent application(s), inquiries, and the National Heart, Lung, and Blood comments relating to the contemplated Institute Office of Technology Transfer license should be directed to: John R. and Development receives written DeVany, Technology Transfer Analyst, evidence and argument that establishes NHLBI Office of Technology Transfer and Development, Telephone: 301–594– that the grant of the license would not be consistent with the requirements of 2436; email: john.devany@nih.gov. 35 U.S.C. 209 and 37 CFR 404. SUPPLEMENTARY INFORMATION: Complete applications for a license The following and all continuing U.S. that are timely filed in response to this and foreign patents/patent applications notice will be treated as objections to thereof are the intellectual properties to this to the grant of the contemplated be licensed under the prospective exclusive patent license. agreement: In response to this Notice, the public 1. U.S. Provisional Patent Application No. may file comments or objections. 62/331,188, filed May 3, 2016, entitled Comments and objections, other than ‘‘Adeno-Associated Virus Polynucleotides those in the form of a license and Virions’’ [HHS Ref. No. E–156–2016–0– application, will not be treated US–01]. confidentially, and may be made 2. Patent Cooperation Treaty Patent publicly available. License applications Application No. PCT/US2017/030808, filed submitted in response to this Notice May 3, 2017, entitled ‘‘Adeno-Associated will be presumed to contain business Virus Polynucleotides and Virions’’ [HHS Ref. No. E–156–2016–0–PCT–02]. confidential information and any release 3. Australian National Phase Patent of information from these license Application No. 2017261249, filed October applications will be made only as 30, 2018, entitled ‘‘Adeno-Associated Virus required and upon a request under the Polynucleotides and Virions’’ [HHS Ref. No. Freedom of Information Act, 5 U.S.C. E–156–2016–0–AU–03]. 552. 4. U.S. Patent No. 10,882,886 issued DEPARTMENT OF HEALTH AND HUMAN SERVICES January 5, 2021, entitled ‘‘Adeno-Associated Virus Polynucleotides and Virions’’ [HHS Ref. No. E–156–2016–0–US–04]. 5. European National Phase Patent Application No. 17793239.9 filed December 3, 2018, entitled ‘‘Adeno-Associated Virus Polynucleotides and Virions’’ [HHS Ref. No. E–156–2016–0–EP–05]. PO 00000 Frm 00052 Fmt 4703 Sfmt 9990 Dated: June 22, 2021. Bruce D. Goldstein, Director, Office of Technology Transfer and Development, National Heart, Lung, and Blood Institute. [FR Doc. 2021–13826 Filed 6–28–21; 8:45 am] BILLING CODE 4140–01–P E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Notices]
[Page 34246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13826]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of an Exclusive Patent License: Adeno-
Associated Virus Polynucleotides, Polypeptides and Virions

AGENCY: National Institutes of Health, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The National Heart, Lung, and Blood Institute, an institute of 
the National Institutes of Health, Department of Health and Human 
Services, is contemplating the grant of an Exclusive, Sublicensable 
Patent License to consolidate co-owned rights to the inventions and the 
Patents and Patent Applications listed in the SUPPLEMENTARY INFORMATION 
section of this notice to The Children's Medical Research Institute, 
having a place of business in Westmead NSW, Australia.

DATES: Only written comments and/or applications for a license that are 
received by the National Heart, Lung, and Blood Institute Office of 
Technology and Development on or before July 14, 2021 will be 
considered.

ADDRESSES: Requests for a copy of the patent application(s), inquiries, 
and comments relating to the contemplated license should be directed 
to: John R. DeVany, Technology Transfer Analyst, NHLBI Office of 
Technology Transfer and Development, Telephone: 301-594-2436; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    The following and all continuing U.S. and foreign patents/patent 
applications thereof are the intellectual properties to be licensed 
under the prospective agreement:

    1. U.S. Provisional Patent Application No. 62/331,188, filed May 
3, 2016, entitled ``Adeno-Associated Virus Polynucleotides and 
Virions'' [HHS Ref. No. E-156-2016-0-US-01].
    2. Patent Cooperation Treaty Patent Application No. PCT/US2017/
030808, filed May 3, 2017, entitled ``Adeno-Associated Virus 
Polynucleotides and Virions'' [HHS Ref. No. E-156-2016-0-PCT-02].
    3. Australian National Phase Patent Application No. 2017261249, 
filed October 30, 2018, entitled ``Adeno-Associated Virus 
Polynucleotides and Virions'' [HHS Ref. No. E-156-2016-0-AU-03].
    4. U.S. Patent No. 10,882,886 issued January 5, 2021, entitled 
``Adeno-Associated Virus Polynucleotides and Virions'' [HHS Ref. No. 
E-156-2016-0-US-04].
    5. European National Phase Patent Application No. 17793239.9 
filed December 3, 2018, entitled ``Adeno-Associated Virus 
Polynucleotides and Virions'' [HHS Ref. No. E-156-2016-0-EP-05].

    The patent rights in these inventions have been assigned to the 
Government of the United States of America, Sydney Children's Hospital 
Network, and the Children's Medical Research Institute (CMRI), a co-
owner of said rights, for commercial development and marketing. The 
prospective patent license will be for the purpose of consolidating the 
patent rights to CMRI. Consolidation of these co-owned rights is 
intended to expedite development of the invention, consistent with the 
goals of the Bayh-Dole Act codified as 35 U.S.C. 200-212. The 
prospective patent license will be worldwide, exclusive, may be limited 
to those fields of use commensurate in scope with the patent rights, 
and will be sublicensable.
    The subject technology pertains to a ``fossilized'' AAV-derived 
endogenous viral element (referred to as mAAV-EVE) within the germline 
of an ancient lineage of Australian marsupials. This novel AAV coat 
protein sequence of mAAV-EVE may provide the basis for recombinant AAV 
vectors with unique biological properties.
    This notice is made in accordance with 35 U.S.C. 209 and 37 CFR 
404. The prospective Exclusive Patent License will be royalty bearing 
and may be granted unless, within fifteen (15) days from the date of 
this published notice, the National Heart, Lung, and Blood Institute 
Office of Technology Transfer and Development receives written evidence 
and argument that establishes that the grant of the license would not 
be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.
    Complete applications for a license that are timely filed in 
response to this notice will be treated as objections to this to the 
grant of the contemplated exclusive patent license.
    In response to this Notice, the public may file comments or 
objections. Comments and objections, other than those in the form of a 
license application, will not be treated confidentially, and may be 
made publicly available. License applications submitted in response to 
this Notice will be presumed to contain business confidential 
information and any release of information from these license 
applications will be made only as required and upon a request under the 
Freedom of Information Act, 5 U.S.C. 552.

    Dated: June 22, 2021.
Bruce D. Goldstein,
Director, Office of Technology Transfer and Development, National 
Heart, Lung, and Blood Institute.
[FR Doc. 2021-13826 Filed 6-28-21; 8:45 am]
BILLING CODE 4140-01-P


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