[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Notices]
[Pages 46593-46594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18452]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Start-up Exclusive License: Kits for the 
Detection of Human Interferon-Alpha Subtypes and Allotypes

AGENCY: National Institutes of Health, HHS.

ACTION: Notice.

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SUMMARY: This is notice, in accordance with 35 U.S.C. 209 and 37 CFR 
404, that the National Institutes of Health (NIH), Department of Health 
and Human Services, is contemplating the grant of a start-up exclusive 
license to practice the inventions embodied in: US provisional 
application No. 61/116,563, filed November 20, 2008, PCT application 
No. PCT/US2009/65382, filed November 20, 2009; and corresponding 
National Phase filings in the US, EP, AU, CA, IL, JP and HK (NIH Ref. 
E-157-2008/0), titled ``Compositions for Detecting Human Interferon-
Alpha Subtypes and Methods of Use'', to IES Diagnostics, LLC having a 
place of business at 12 Upper Drive, Watchung, NJ 07069. 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 that are 
received by the NIH Office of Technology Transfer on or before August 
16, 2013 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: Cristina Thalhammer-Reyero, Ph.D., M.B.A., 
Office of Technology Transfer, National Institutes of Health, 6011 
Executive Boulevard, Suite 325, Rockville, MD 20852-3804; Email: 
[email protected]; Telephone: 301-435-4507; Facsimile: 301-402-
0220.

SUPPLEMENTARY INFORMATION: The prospective start-up exclusive license 
will be royalty bearing and will comply with the terms and conditions 
of 35 U.S.C. 209 and 37 CFR part 404. The prospective exclusive license 
may be granted unless, within fifteen (15) 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 part 404.
    This technology relates to use of kits for the detection of human 
interferon-alpha subtypes and allotypes.
    The proposed field of exclusivity may be limited to the 
commercialization of the kits for diagnostic and prognostic uses that 
are regulated by the FDA or equivalent agencies in other countries.
    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.


[[Page 46594]]


     Dated: July 26, 2013.
Richard U. Rodriguez,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer.
[FR Doc. 2013-18452 Filed 7-31-13; 8:45 am]
BILLING CODE 4140-01-P