[Federal Register Volume 59, Number 26 (Tuesday, February 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2869]


[[Page Unknown]]

[Federal Register: February 8, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
 

Withdrawal of Prospective Grant of Exclusive License: Adeno-
Associated Virus (AAV) Vectors for Gene Therapy

AGENCY: National Institutes of Health, Public Health Service, HHS.

ACTION: Notice.

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SUMMARY: This is notice in accordance with 15 U.S.C. 209(c)(1) and 37 
CFR 404.7(a)(1)(i) that the National Institutes of Health (NIH), 
Department of Health and Human Services, is no longer contemplating the 
grant of an exclusive license in the United States to practice the 
invention embodied in U.S. Patent Number 4,797,368 (SN 06/712,236), 
entitled ``Adeno-Associated Virus As Eukaryotic Expression Vector'' to 
Theragen, Inc., of Ann Arbor, Michigan. Based upon written evidence and 
argument received in response to a Federal Register notice (Vol. 57, 
No. 169, Monday, August 31, 1992, page 39405), the NIH has established 
that the grant of the license would not be consistent with the 
requirements of 35 U.S.C. 209 and 37 CFR 404.7 and that U.S. Patent 
4,797,368 should be licensed on a non-exclusive basis for the field of 
gene therapy. The patent rights in this invention have been assigned to 
the United States of America.
    The patent describes a novel expression vector based on the 
parvovirus, adeno-associated virus (AAV), which is valuable for the 
stable maintenance or expression of DNA sequences or genes in 
eukaryotic cells. The use of many previously available virus-based 
eukaryotic expression vectors has been limited because they do not 
integrate foreign DNA into the host genome at high frequency and are 
not easily rescued from their host. This AAV-based expression vector is 
easily rescued from the host and allows the host to express the foreign 
DNA or genes at high frequency.

ADDRESSES: Requests for a copy of this patent, inquiries, comments and 
other materials related to obtaining a non-exclusive license should be 
directed to: Mr. Steven M. Ferguson, Technology Licensing Specialist, 
Office of Technology Transfer, National Institutes of Health, Box OTT, 
Bethesda, MD 20892. Telephone: (301) 496-7735; Facsimile: (301) 402-
0220.

    Dated: January 21, 1994.
Donald P. Christoferson,
Acting Director, Office of Technology Transfer.
[FR Doc 94-2869 Filed 2-7-94; 8:45 am]
BILLING CODE 4140-01-M