[Federal Register Volume 70, Number 140 (Friday, July 22, 2005)]
[Notices]
[Pages 42356-42357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14502]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Use of HIV-Dependent 
Expression Constructs and Uses Therefor for the Development of FDA-
Approvable HIV Diagnostic Kits

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

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 to practice the invention embodied in PCT/US04/
31967 filed September 28, 2004 from U.S. provisional application 60/
507,034 (E-276-2003/0-US-01), entitled ``HIV-Dependent Expression 
Constructs and Uses Therefor'' (E-276-2003/0-PCT-02), (Inventors: 
Yuntao Wu and Jon Marsh), to Revix Technology LLC (hereafter Revix), 
having a place of business in Manassas, Virginia. The patent rights in 
these inventions 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 
September 20, 2005 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: Sally Hu, Ph.D., M.B.A., Office of Technology 
Transfer, National Institutes of Health, 6011 Executive Boulevard, 
Suite 325, Rockville, MD 20852-3804; E-mail: [email protected]; 
Telephone: (301) 435-5606; Facsimile: (301) 402-0220.

SUPPLEMENTARY INFORMATION: E-276-2003/0-PCT-02 provides nucleic acid 
molecules comprising expressible sequences, which could be reporter or 
therapeutic genes, whose expression depends on the presence of HIV Tat 
and Rev proteins. This invention could be used for detection of HIV 
infection, in screening assays to identify compounds that inhibit HIV 
infection, and potentially as a therapeutic to kill HIV-infected cells 
and treat HIV-infected subjects.
    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 the development of FDA-
approvable HIV clinical diagnostic kit.
    It has to be noted that the non-exclusive license opportunities in 
the field(s) of use of the development of HIV detection kit/reagent for 
research use and/or cellular screening method for research use, as well 
as the exclusive license opportunity in the field of use of the 
development of a novel therapeutic against HIV infections are still 
available for subject invention.
    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

[[Page 42357]]

permitted by law, will not be released under the Freedom of Information 
Act, 5 U.S.C. 552.

    Dated: July 12, 2005.
Steven M. Ferguson,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 05-14502 Filed 7-21-05; 8:45 am]
BILLING CODE 4140-01-P