[Federal Register Volume 65, Number 25 (Monday, February 7, 2000)]
[Notices]
[Page 5879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2631]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Nitroxides as Protectors 
Against Oxidative Stress and in the Prophylactic and Therapeutic 
Treatment of Aging, Obesity and Cancer

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 (NIH), 
Department of Health and Human Services, is contemplating the grant of 
an exclusive license worldwide to practice the invention embodied in: 
U.S. Patent Application Serial No. 07/494,532, filed March 16, 1990, 
entitled ``Nitroxide as Protectors Against Oxidative Stress'' and U.S. 
Patent Application Serial No. 60/047,724 filed May 27, 1997 entitled,`` 
The use of Nitroxides in the prophylactic and therapeutic treatment of 
cancer due to genetic defects'' and corresponding foreign patent 
applications to Mitos, Inc., having a place of business in San Diego, 
California. The patent rights in these inventions have been assigned to 
the United States of America.
    The contemplated exclusive license may be limited to the use 
compounds and methods disclosed and claimed in the invention for the 
prevention and treatment of obesity, cancer and the amelioration of the 
direct effects of aging.

DATES:  Only written comments and/or applications for a license which 
are received by the NIH Office of Technology Transfer on or before May 
8, 2000, will be considered.

ADDRESSES:  Requests for a copy of the patent application, inquires, 
comments and other materials relating to the contemplated license 
should be directed to: Norbert J. Pontzer, J.D., Ph.D., Technology 
Licensing Specialist, Office of Technology Transfer, National 
Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, 
MD 20852-3804; Telephone: (301) 496-7736, ext. 284; Facsimile: (301) 
402-0220; E-mail: [email protected]. A signed Confidential Disclosure 
Agreement will be required to receive copies of the patent application.

SUPPLEMENTARY INFORMATION:  New metal-independent nitroxide compounds 
are anti-oxidants capable of protecting cells, tissues, and organs 
against the harmful effects of toxic oxygen related species (hydroxyl 
radical, hydrogen peroxide, superoxide). The toxic oxygen related 
species have been implicated in cancer and aging. These nitroxides slow 
the death rate in experimental animals with cancers caused by deletion 
of the p53 suppressor gene. These nitroxides also cause weight loss in 
mice with no apparent toxicity.
    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 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.
    Properly filed competing applications for a license filed in 
response to this notice will be treated as objections to 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 31, 2000.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 00-2631 Filed 2-4-00; 8:45 am]
BILLING CODE 4140-01-M