[Federal Register Volume 59, Number 100 (Wednesday, May 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12690]


[[Page Unknown]]

[Federal Register: May 25, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
 

Prospective Grant Of Partially Exclusive Licenses: Antisense 
Phosphorothioate Oligodeoxyribonucleotides

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

ACTION: Notice.

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SUMMARY: The National Institutes of Health (NIH) is announcing its 
intent to grant partially exclusive licenses to ISIS Pharmaceuticals, 
Inc. and Hybridon, Inc. for patent applications and patents claiming 
antisense phosphorothioate oligodeoxyribonucleotides.

DATES: Written objections to or comments on the proposed partially 
exclusive licenses must be submitted by July 25, 1994. Only written 
comments and/or applications for a license which are received by NIH 
within sixty (60) days of this notice will be considered in making the 
final determination regarding the proposed partially exclusive licenses 
to ISIS Pharmaceuticals, Inc. and Hybridon, Inc.

ADDRESSES: Requests for a copy of these patent applications or patents, 
inquiries, objections, comments and other materials relating to the 
contemplated partially exclusive licenses should be directed to: Mr. 
Arthur J. Cohn, J.D., Technology Licensing Specialist, Office of 
Technology Transfer, National Institutes of Health, 6011 Executive 
Boulevard, suite 325, Rockville, MD 20852. Telephone: (301) 496-7735; 
Facsimile: (301) 402-0220. A signed Confidentiality Agreement will be 
required to receive a copy of the patent application.

SUPPLEMENTARY INFORMATION: This is notice in accordance with 35 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 contemplating 
the grant of partially exclusive world-wide licenses to practice the 
invention embodied in U.S. Patent Application SN 07/030,073 (now 
abandoned), entitled ``Phosphorothioate Analogues of 
Oligodeoxyribonucleotides as Inhibitors for Replication and Cytopathic 
Effects of HTLV-III Retroviruses and Other Foreign Nucleic Acids'' and 
U.S. Patents 5,264,423, 5,276,019, and 5,286,717, each entitled 
``Inhibitors for Replication of Retroviruses and for the Expression of 
Oncogene Products'' to ISIS Pharmaceuticals, Inc. of Carlsbad, 
California and Hybridon, Inc. of Worcester, Massachusetts. The patent 
rights in this invention have been assigned to the United States of 
America.
    The prospective partially exclusive licenses will be royalty-
bearing and will comply with the terms and conditions of 35 U.S.C. 209 
and 37 CFR 404.7. These prospective partially exclusive licenses may be 
granted unless within 60 days from the date of this published notice, 
NIH receives written evidence and argument establishing, to the 
satisfaction of NIH, that the grant of the respective license would not 
be consistent with the requirements of 35 U.S.C. 209 or 37 CFR 404.7.
    The patent application and patents are currently coexclusively 
licensed to Gilead Sciences, Inc., Lynx Therapeutics, Inc. and Gen-
Probe, Inc. (and its included affiliate, Genta, Inc.). The NIH has 
determined that the terms of these coexclusive licenses do not prohibit 
the grant of additional partially exclusive licenses. The NIH will give 
full consideration to additional applications for licenses that 
demonstrate the applicant is qualified to develop and commercialize the 
inventions in accordance with 35 U.S.C. 209 and 37 CFR part 404.
    The patent application and patents disclose novel phosphorothioate 
oligodeoxyribonucleotide compositions which can be used to prevent the 
replication of foreign nucleic acids in the presence of normal living 
cells, as well as to inhibit the proliferation of neoplastic cells.

    Dated: May 17, 1994.
Barbara M. McGarey,
Deputy Director, Office of Technology Transfer.
[FR Doc. 94-12690 Filed 5-24-94; 8:45 am]
BILLING CODE 4140-01-P