[Federal Register Volume 67, Number 14 (Tuesday, January 22, 2002)]
[Notices]
[Pages 2896-2897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1438]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Development of Diagnostic 
Tests for Plasmodium falciparum Caused Malaria

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 concerning the inventions embodied in:

USSN 5,130,416 (USPA 07/518,299, filed 05/03/90) issued July 14, 1992
USSN 5,296,382 (USPA 07/791,392, filed 11/14/91) issued March 22, 1994
USSN 5,476,785 (USPA 08/161,406, filed 12/06/93) issued December 19, 
1995
all entitled ``Recombinant DNA clone containing a genomic fragment of 
PfHRP-II gene from Plasmodium falciparum'' and invented by Thomas E. 
Wellems and Russell J. Howard, to Akers Laboratories, Inc., a 
diagnostic company having a place of business in Thorofare, N.J. The 
United States of America is an assignee to the patent rights of these 
inventions.
    The contemplated exclusive license may be limited to the 
development of diagnostic tests for Plasmodium falciparum-caused 
Malaria for sales in the United States. A nonexclusive license of the 
present inventions to make and use in the United States but to sell in 
territories outside of the United States is available to other 
licensees.

DATES: Only written comments and/or applications for a license, which 
are received by the NIH Office of Technology Transfer on or before 
March 25, 2002, will be considered.

ADDRESSES: Requests for a copy of the patents, inquiries or comments 
relating to the contemplated license should be directed to: Uri 
Reichman, Ph.D., Technology Licensing Specialist, Office of Technology 
Transfer, National Institutes of Health, 6011 Executive Boulevard, 
Suite 325, Rockville, MD 20852-3804; Telephone: (301) 496-7056, ext. 
240; Facsimile: (301) 402-0220; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The inventions included in the prospective 
license relates to the isolation of clones of DNA from the malaria-
causing parasite Plasmodium falciparum (P. falciparum) that encode a 
histidine-rich protein (designated name PfHRP-II) from this organism. 
PfHRP-II is expressed on P. falciparum-infected erythrocytes, and 
released from the infected host erythrocytes into the body fluids. The 
inventions describe the cloning procedure and the characterization of 
the coding sequence as well as that of the encoded protein and the 
antibodies made against it. The inventions can be utilized in the 
development of diagnostic tests for malaria as contemplated by the

[[Page 2897]]

prospective licensee, or for vaccine development against malaria.
    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.
    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 14, 2002.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 02-1438 Filed 1-18-02; 8:45 am]
BILLING CODE 4140-01-P