[Federal Register Volume 66, Number 83 (Monday, April 30, 2001)]
[Notices]
[Page 21406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10576]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Bacteriophage Having 
Multiple Host Range

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 an exclusive license to practice the invention embodied in: 
United States Patent Application 60/220,987 entitled ``Bacteriophage 
Having Multiple Host Range'' filed on July 25, 2000, to BioPhage, Inc., 
having a place of business in Montreal, Quebec. The patent rights in 
this invention have been assigned to the United States of America.

DATES: Only written comments and/or application for a license 
which are received by the NIH Office of Technology Transfer on or 
before June 29, 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: Peter Soukas, Office of Technology 
Transfer, National Institutes of Health, 6011 Executive Boulevard, 
Suite 325, Rockville, MD 20852-3804; Email: [email protected]; Telephone: 
(301) 496-7056, ext. 268; Facsimile: (301) 402-0220.

SUPPLEMENTARY INFORMATION: This invention concerns 
bacteriophage with specificity to more than one bacterial species and 
the ability to make such bacteriophages. The specificity is broadened 
and/or changed by genetic engineering of the phage tail proteins. The 
phage can be used to kill pathogenic bacteria in both animals and 
humans. The use of phages as antibacterials may be one answer to the 
problem of antibiotic resistant bacteria.
    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 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.
    The field of use may be limited to prophylaxis and/or treatment of 
bacterial infections in non-human animals and treatment and/or 
prophylaxis of antibiotic resistant bacteria in humans.
    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 20, 2001.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 01-10576 Filed 4-27-01; 8:45 am]
BILLING CODE 4140-01-P