[Federal Register Volume 66, Number 71 (Thursday, April 12, 2001)]
[Notices]
[Page 18968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9014]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Co-Exclusive License: Compositions and 
Methods Related to the Detection of Philadelphia Chromosome 
Translocations

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 
a limited field of use worldwide co-exclusive license to DAKO 
Corporation, in all countries except Japan, to practice the invention 
embodied in U.S. Patent 4,681,840 entitled U.S. ``Deoxyribonucleic acid 
molecules useful as probes for detecting oncogenes incorporated into 
chromosomal DNA'', which issued on July 21, 1987 from Patent 
Application Serial No. 06/571,911 filed on January 18, 1984. DAKO 
Corporation is a corporation of Denmark having a place of business in 
Carpenteria, California. The patent rights in this invention have been 
assigned to the United States of America, as represented by the 
Department of Health and Human Services.

DATES: Only written comments and/or application for a license which are 
received by the NIH Office of Technology Transfer on or before June 11, 
2001 will be considered.

ADDRESSES: Requests for a copy of the patent applications, inquiries, 
comments and other materials relating to the contemplated license 
should be directed to: Catherine Joyce, Ph.D., J.D., Technology 
Licensing Specialist, Office of Technology Transfer, National 
Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, 
MD 20852-3804; Telephone: (301) 496-7056, ext. 258; Facsimile: (301) 
402-0220.

SUPPLEMENTARY INFORMATION: The patent applications describe 
compositions and methods related to the detection of chromosomal 
translocations, particularly the bcr/abl translocation which has been 
demonstrated to be associated with the Philadelphia chromosome and 
chronic myelogenous leukemia.
    The prospective co-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 co-exclusive license may be granted unless, 
within 60 days from the date of this published Notice, NIH has received 
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 field of use may be limited to the use of the invention for 
research and clinical nucleic acid hybridization techniques for the 
detection of bcr/abl translocations.
    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: April 3, 2001.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 01-9014 Filed 4-11-01; 8:45 am]
BILLING CODE 4140-01-P