[Federal Register Volume 68, Number 28 (Tuesday, February 11, 2003)]
[Notices]
[Pages 6930-6931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3302]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Novel Vaccinia Virus 
Vector for the Treatment of Human Cancers

AGENCY: National Institutes of Health, Public Health Services, HHS.

ACTION: None.

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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, Department 
of Health and Human Services, is contemplating the grant of an 
exclusive license to practice the inventions embodied in U.S. 
provisional patent application 60/137,126 (DHHS ref. no. E-181-1999/0-
US-01) filed May 28, 1999 and entitled, ``Combined growth factor-
deleted and thymidine kinase-

[[Page 6931]]

deleted vaccinia virus,'' international PCT application PCT/US00/14679 
(DHHS ref. no. E-181-1999/0-PCT-02) and entitled, ``Combined growth 
factor-deleted and thymidine kinase-deleted vaccinia virus,'' and all 
corresponding foreign patent applications to JENNEREX Pharmaceuticals, 
of Mill Valley, California. The patent rights in these inventions have 
been assigned to the United States of America.
    The prospective exclusive license territory will be worldwide. The 
field of use may be limited to the development of an oncolytic vaccinia 
virus vector for the treatment of recurrent squamous cell carcinoma of 
the head and neck (``SCCHN'').

DATES: Only written comments and/or license applications which are 
received by the National Institutes of Health on or before April 14, 
2003, will be considered.

ADDRESSES: Requests for copies of the patent(s)/patent application(s), 
inquiries, comments and other materials relating to the contemplated 
exclusive license should be directed to: Jonathan V. Dixon, Technology 
Licensing Specialist, Office of Technology Transfer, National 
Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, 
MD 20852-3804; Telephone: 301.435.5559; Facsimile: 301.402.0220; E-
mail: [email protected].

SUPPLEMENTARY INFORMATION: The above-referenced patent(s)/patent 
application(s) relate to mutant vaccinia virus expression vectors. The 
vaccinia vector claimed in this application is useful in that it is 
substantially non-replicating in non-dividing cells. The new vaccinia 
virus is deleted of both the growth factor gene and the thymidine 
kinase gene, which provides for its selective replication properties, 
and may be useful as a vector for cancer gene therapy or vaccination.
    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 sixty 
(60) days from the date of this published notice, the NIH receives 
written evidence and argument that establish that the grant of the 
license would not be consistent with the requirements of 35 U.S.C. 209 
and 37 CFR 404.7.
    Applications for a license in the field of use filed in response to 
this notice will be treated as objections to the grant of the 
contemplated exclusive license. Comments and objections submitted 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: February 4, 2003.
Jack Spiegel,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 03-3302 Filed 2-10-03; 8:45 am]
BILLING CODE 4140-01-P