[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Notices]
[Page 64232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22303]



[[Page 64232]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Use of Licensed Patent 
Rights for Development of Therapies for Prostatic Diseases

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, Department 
of Health and Human Services, is contemplating the grant of an 
exclusive patent license to practice the inventions embodied the 
following patents or patent applications U.S. Patent No. 6,946,133 
issued September 20, 2005 and U.S. Patent Application No. 11/606,929 
filed December 1, 2006, as well as all continuations, divisionals, and 
issued and pending foreign counterparts [HHS Ref. No E-062-1996/0]; 
U.S. Patent Application Nos. 60/334,669 and 10/497,003 filed November 
30, 2001 and August 24, 2004 respectively, as well as all 
continuations, divisionals, and issued and pending foreign counterparts 
[HHS Ref. No. E-124-2001/0, 1]; and U.S. Patent No. 6,165,460 issued 
December 26, 2000 and U.S. Patent Application No. 09/693,121 filed 
October 20, 2000; as well as all continuations, divisionals, and issued 
and pending foreign counterparts [HHS Ref. No E-200-1990/4] to BN 
ImmunoTherapeutics, which is located in Mountain View, CA. The patent 
rights in these inventions have been assigned to the United States of 
America.
    The prospective exclusive license territory may be worldwide and 
the field of use may be limited to the use of Licensed Patent Rights 
for development of therapies for prostatic diseases. For the avoidance 
of doubt, said delivery formulation specifically excludes canary 
poxvirus vectors, NYVAC, eukaryotic expression vectors, aqueous-based 
delivery formulations, and recombinant yeast.

DATES: Only written comments and/or applications for a license which 
are received by the NIH Office of Technology Transfer on or before 
January 14, 2008 will be considered.

ADDRESSES: Requests for copies of the patent application, inquiries, 
comments, and other materials relating to the contemplated exclusive 
license should be directed to: Michelle A. Booden, PhD., Technology 
Licensing Specialist, Office of Technology Transfer, National 
Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, 
MD 20852-3804; Telephone: (301) 451-7337; Facsimile: (301) 402-0220; E-
mail: [email protected].

SUPPLEMENTARY INFORMATION: The present invention relates to isolated 
peptides comprising immunogenic peptides derived from PSA. These 
immunogenic peptides are considered agonist epitopes of the wild-type 
PSA-3 cytotoxic T lymphocyte (CTL) epitope, which is an agonist epitope 
modified from the wild type epitope and shows greater immune 
stimulating characteristics. This invention claims the physical 
composition and use of the PSA-3 agonist epitopes, including peptide, 
nucleic acid, pharmaceutical composition, and method of treatment. The 
PSA-3 agonist epitopes would have application in a number of 
traditional and non-traditional vaccine delivery systems for the 
treatment of cancer. The invention also describes the use of at least 
one target antigen or immunological epitope as an immunogen or vaccine 
in conjunction with various costimulatory molecules.
    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 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.
    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: November 7, 2007.
Steven M. Ferguson,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
 [FR Doc. E7-22303 Filed 11-14-07; 8:45 am]
BILLING CODE 4140-01-P