[Federal Register Volume 63, Number 22 (Tuesday, February 3, 1998)]
[Notices]
[Page 5565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2562]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Coexclusive License: Vaccines for Dengue and 
Other Flaviviruses

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

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 comtemplating the grant of 
a limited field of use coexclusive world-wide license to practice the 
invention embodied in U.S. Patent No. 5,494,671, issued February 27, 
1996 (U.S. Patent Application Serial No. 07/747,785, filed August 20, 
1991), entitled ``C-Terminally Truncated Dengue and Japanese 
Encephalitis Virus Envelope Proteins'' to SmithKline Beecham Biological 
of Rixensart, Belgium. Publication of this notice should be considered 
a modification of an earlier notice (62 FR 5836, Feb. 7, 1997). The 
patent rights in this invention have been assigned to the United States 
of America.

DATES: Only written comments and/or applications for a license which 
are received by NIH on or before April 6, 1998.

ADDRESSES: Requests for a copy of this issued patent, inquiries, 
comments, and other materials relating to the contemplated license 
should be directed to: Carol A. Salata, Technology Licensing 
Specialist, Office of Technology Transfer, National Institutes of 
Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3804; 
Telephone: (301) 496-7735 ext 232; Facsimile: (301) 402-0220; E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The patent describes the use of C-terminally 
truncated flavivirus envelope proteins in vaccines against flavivirus 
infections. The inventions also relates to recombinant viruses which 
encode the truncated protein and to host cells infected therewith.
    The prospective coexclusive license will be royalty-bearing and 
will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 
404.7. It is anticipated that this license may be limited to the field 
of subunit vaccines against Dengue and Japanese Encephalitis produced 
in prokaryotic or eukaryotic cells. This license will not include live 
virus, killed virus or DNA-based vaccines or the use of vaccinia virus 
as a vector, or immunogen.
    This prospective coexclusive 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.
    Applications for a license filed in response to this notice will be 
treated as objections to the grant of the contemplated license. 
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: January 23, 1998.
Barbara M. McGarey,
Deputy Director, Office of Technology Transfer.
[FR Doc. 98-2562 Filed 2-2-98; 8:45 am]
BILLING CODE 4140-01-M