[Federal Register Volume 67, Number 80 (Thursday, April 25, 2002)]
[Notices]
[Pages 20541-20542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10117]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Targeted Gene Expression 
for the Treatment of Cancer, Bone Metastasis and Diabetes

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

ACTION: Notice.

-----------------------------------------------------------------------

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 
the Provisional Patent Application No. 60/024,213, filed 8/15/96, 
converted to PCT (PCT/US97/15270) filed on 8/14/97 entitled ``Spatially 
and Temporal Control of Gene Expression Protein Promoter in Combination 
with Local Heat'' to Gene Control S.A., a non-U.S. corporation located 
at 9, rue Boissonnas CH 1211 Geneva 24, Switzerland. The patent rights 
of this invention have been assigned to the United States of America. 
The proposed field of use may be limited to targeted gene expression, 
for the treatment of cancer, bone metastasis and diabetes.

DATES: Only written comments and/or applications for a license, 
received by the NIH Office of Technology Transfer on or before June 24, 
2002, will be considered.

ADDRESSES: Requests for a copy of the patent application, inquiries, 
comments and other materials relating to the contemplated license 
should be directed to: Wendy R. Sanhai, Ph.D., Technology Licensing 
Specialist, Office of Technology Transfer, National Institutes of 
Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3821; 
telephone: (301) 496-7736 ext. 244; 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: This invention relates to the spatial and 
temporal control of exogenous gene expression in genetically engineered 
cells and organisms. In particular, it covers the use of heat inducible 
promoters such as the promoter of heat shock genes to control the 
expression of exogenous genes. It further relates to the use of focused 
ultrasound to heat cells that contain therapeutic genes under the 
control of heat shock promoter, thereby

[[Page 20542]]

inducing the expression of therapeutic genes.
    The prospective exclusive license territory will be worldwide and 
will be royalty-bearing. Said license may be granted within sixty (60) 
days from the date of this published notice unless the NIH receives 
written evidence and argument establishing that granting this license 
is inconsistent with the terms and conditions of 35 U.S.C. 209(c)(1) 
and 37 CFR 404.7(a)(1)(i).
    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 17, 2002.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 02-10117 Filed 4-24-02; 8:45 am]
BILLING CODE 4140-01-P