[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Notices]
[Pages 5405-5406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3074]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Prospective Grant of Exclusive License: Cartilage-Derived 
Morphogenetic Proteins

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 contemplating the grant of 
an exclusive license in the United States to practice the invention 
embodied in U.S. Public Health Service Employee Invention Report Number 
E-138-94/0 (PCT/US94/12814), entitled ``Cartilage-Derived Morphogenetic 
Proteins'' to Creative BioMolecules, Inc., having a place of business 
in Hopkinton, Massachusetts. The patent rights in this application have 
been assigned to the United States of America.
    The prospective exclusive license will be royalty-bearing and will 
comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. 
The prospective exclusive license may be granted unless, within 60 days 
from the date of this published Notice, NIH 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 404.7.
    The present invention relates generally to the field of cartilage 
and bone development. More specifically, this invention relates to 
cartilage-derived morphogenetic proteins (CDMPs) that stimulate 
development and repair of cartilage in vivo. These proteins which 
exhibit chondrogenic properties are disclosed to be members of the TGF-
B superfamily. Also disclosed are polynucleotides encoding two members 
of the CDMP family of proteins. Recombinant CDMP-1 protein was shown to 
have chondrogentic activity in vivo. The primary uses of this invention 
would be in orthopaedic reconstruction.

 
[[Page 5406]]

ADDRESSES: Requests for a copy of this patent application, inquires, 
comments, and other materials relating to the contemplated license 
should be directed to: John Fahner-Vihtelic, Office of Technology 
Transfer, National Institutes of Health, 6011 Executive Boulevard, 
Suite 325, Rockville, Maryland 20852-3804; Telephone: 301/496-7735 
extension 285; Fax: 301/402-0220. A signed Confidentiality Agreement 
will be required to review copies of the patent application. Properly 
filed competing applications for a license filed in response to this 
notice will be treated as objections to the contemplated license. Only 
written comments and/or applications for a license which are received 
by the NIH Office of Technology Transfer on or before April 12, 1996 
will be considered. Comments and objections submitted in response to 
this notice will not be made available for public inspection, and, to 
the extent permitted by law, will not be released under the Freedom of 
Information Act, 5 U.S.C. 552.

    Dated: February 1, 1996.
Barbara M. McGarey,
Deputy Director, Office of Technology Transfer.
[FR Doc. 96-3074 Filed 2-9-96; 8:45 am]
BILLING CODE 4140-01-M