[Federal Register Volume 62, Number 220 (Friday, November 14, 1997)]
[Notices]
[Page 61103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30003]


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DEPARTMENT OF ENERGY


Caliper Technologies, Inc.

AGENCY: Office of the General Counsel, Department of Energy.

ACTION: Notice of Intent to Grant Exclusive or Partially Exclusive 
Patent License.

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SUMMARY: Notice is hereby given of an intent to grant to Caliper 
Technologies, Inc., of Palo Alto, California, an exclusive or partially 
exclusive license to practice the invention described in Israel Patent 
Application S.N. 119,342, entitled ``Method for Priming and DNA 
Sequencing,'' and corresponding Patent Applications in the U.S.A., 
Japan, certain European countries, and possible other countries. The 
invention is owned by the United States of America, as represented by 
the Department of Energy (DOE). The proposed license may be exclusive, 
or partially exclusive, but will be subject to a license and other 
rights retained by the U.S. Government, and other terms and conditions 
to be negotiated. DOE intends to grant the license, upon a final 
determination in accordance with 35 U.S.C. Sec. 209(c), unless within 
60 days of this notice the Assistant General Counsel for Technology 
Transfer and Intellectual Property, Department of Energy, Washington, 
D.C. 20585, receives in writing any of the following, together with 
supporting documents:
    (i) A statement from any person setting forth reasons why it would 
not be in the best interests of the United States to grant the proposed 
license; or
    (ii) An application for a nonexclusive license to the invention, in 
which applicant states that he already has brought the invention to 
practical application or is likely to bring the invention to practical 
application expeditiously.

DATES: Written comments or nonexclusive license applications are to be 
received at the address listed below no later than January 13, 1998.

ADDRESSES: Office of the Assistant General Counsel for Technology 
Transfer and Intellectual Property, U.S. Department of Energy, 1000 
Independence Avenue, S.W., Washington, D.C. 20585.

FOR FURTHER INFORMATION CONTACT: Robert J. Marchick, Office of the 
Assistant General Counsel for Technology Transfer and Intellectual 
Property, U.S. Department of Energy, Forrestal Building, Room 6F-067, 
1000 Independence Avenue, S.W., Washington, D.C. 20585; Telephone (202) 
586-4792.

SUPPLEMENTARY INFORMATION: 35 U.S.C. 209(c) provides the Department 
with authority to grant exclusive or partially exclusive licenses in 
Department-owned inventions, where a determination can be made, among 
other things, that the desired practical application of the invention 
has not been achieved, or is not likely expeditiously to be achieved, 
under a nonexclusive license. The statute and implementing regulations 
(37 CFR Part 404) require that the necessary determinations be made 
after public notice and opportunity for filing written objections.
    Caliper Technologies, Inc., of Palo Alto, California, has applied 
for an exclusive license to practice the subject invention and has a 
plan for commercialization of the invention.
    The proposed license is expected to be exclusive or partially 
exclusive, subject to a license and other rights retained by the U.S. 
Government, and subject to a negotiated royalty and other fees. The 
Department will review all timely written responses to this notice, and 
will grant the license if, after expiration of the 60-day notice 
period, and after consideration of written responses to this notice, a 
determination is made, in accordance with 35 U.S.C. 209(c), that the 
license grant is in the public interest.

    Issued in Washington, D.C., on November 7, 1997.
Paul A. Gottlieb,
Assistant General Counsel, for Technology Transfer and Intellectual 
Property.
[FR Doc. 97-30003 Filed 11-13-97; 8:45 am]
BILLING CODE 6450-01-P