[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Notices]
[Page 6576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3101]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Method of Determining the 
Presence of Functional p53 in Mammalian Cells

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

ACTION: Notice.

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SUMMARY: 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, Department 
of Health and Human Services, is contemplating the grant of an 
exclusive world-wide license to practice the inventions embodied in 
U.S. Patent Applications SN 07/974,960; 08/288,872 which issued as U.S. 
Patent 5,616,463; 08/432,176 and corresponding foreign patent 
applications entitled, ``Method of Determining the Presence of 
Functional p53 in Mammalian Cells'' to Chrysallis Research 
Laboratories, San Francisco, CA. The patent rights in these inventions 
have been assigned to the United States of America and Johns Hopkins 
University.
    The prospective exclusive license field of use may be limited to: 
FDA approved in-vitro diagnostic kit for cancer.

DATES: Only written comments and/or applications for a license which 
are received by NIH on or before May 11, 1998 will be considered.

ADDRESSES: Requests for copies of the patent applications, inquiries, 
comments and other materials relating to the contemplated licenses 
should be directed to: Joseph K. Hemby, Jr., J.D., Technology Licensing 
Specialist, Office of Technology Transfer, National Institutes of 
Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-
3804; Telephone: (301) 496-7735 ext. 265; Facsimile: (301) 402-0220. A 
signed Confidentiality Agreement will be required to receive copies of 
the patent applications.

SUPPLEMENTARY INFORMATION: 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 ninety (90) 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 invention describes a specific gene, GADD45, whose expression 
is dependent on the presence of functional p53 in cells and tumors, as 
well as methods by which the presence of this gene may be detected. It 
also describes a diagnostic kit utilizing a nucleic acid sequence 
capable of binding functional p53, which is then measured to detect the 
presence of p53.
    Applications for a license in the exclusive field of use filed in 
response to this notice will be treated as objections to the grant of 
the contemplated licenses. Comments and objections submitted 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 30, 1998
Barbara M. McGarey,
Deputy Director, Office of Technology Transfer.
[FR Doc. 98-3101 Filed 2-6-98; 8:45 am]
BILLING CODE 4140-01-M