[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Page 51453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22212]


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DEPARTMENT OF ENERGY


Notice of Intent To Grant Exclusive License

AGENCY: Office of the General Counsel, Department of Energy.

ACTION: Notice of intent To grant exclusive patent license.

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SUMMARY: The Department of Energy (DOE) hereby gives notice that DOE 
intends to grant an exclusive license to practice the invention 
described and claimed in U.S. Patent Number 7,746,979 titled ``Methods 
for Assisting Recovery of Damaged Brain and Spinal Cord and Treating 
Various Diseases Using Arrays of X-Ray Microplanar Beams'' to The 
Research Foundation for The State University of New York, a nonprofit, 
educational corporation existing under the laws of the State of New 
York, having its principal place of business at Stony Brook, New York. 
The patent is owned by United States of America, as represented by DOE.

DATES: Written comments, objections, or nonexclusive license 
applications must be received at the address listed no later than 
October 26, 2018.

ADDRESSES: Comments, applications for nonexclusive licenses, or 
objections relating to the prospective exclusive license should be 
submitted to Office of the Assistant General Counsel for Technology 
Transfer and Intellectual Property, U.S. Department of Energy, Room 6F-
067, 1000 Independence Ave. SW, Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: Marianne Lynch, Office of the 
Assistant General Counsel for Technology Transfer and Intellectual 
Property, U.S. Department of Energy, Room 6F-067, 1000 Independence 
Ave. SW, Washington, DC 20585; Email: [email protected]; and 
Phone: (202) 586-3815.

SUPPLEMENTARY INFORMATION: This notice is issued in accordance with 35 
U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i). 35 U.S.C. 209(c) gives DOE 
the authority to grant exclusive or partially exclusive licenses in 
federally-owned inventions where a determination is made, among other 
things, that the desired practical application of the invention has not 
been achieved, or is not likely to be achieved expeditiously, under a 
nonexclusive license. The statute and implementing regulations (37 CFR 
404) require that the necessary determinations be made after public 
notice and opportunity for filing written comments and objections.
    The Research Foundation for The State University of New York has 
applied for an exclusive license to practice the inventions embodied in 
the patent and has plans for commercialization of the inventions.
    Within 15 days of publication of this notice, any person may submit 
in writing to DOE's General Counsel for Intellectual Property and 
Technology Transfer Office (see contact information), either of the 
following, together with supporting documents:
    (i) A statement setting forth reasons why it would not be in the 
best interest of the United States to grant the proposed license; or 
(ii) An application for a nonexclusive license to the invention, in 
which applicant states that it already has brought the invention to 
practical application or is likely to bring the invention to practical 
application expeditiously.
    The prospective exclusive license complies with the requirements of 
35 U.S.C. 209 and 37 CFR 404.7. The proposed license would be 
exclusive, subject to a license and other rights retained by the United 
States, and subject to a negotiated royalty. DOE will review all timely 
written responses to this notice, and will grant the licenses if, after 
expiration of the 15-day notice period, and after consideration of any 
written responses to this notice, a determination is made in accordance 
with 35 U.S.C. 209(c) that the licenses are in the public interest.

Brian Lally,
Assistant General Counsel for Technology Transfer and Intellectual 
Property.
[FR Doc. 2018-22212 Filed 10-10-18; 8:45 am]
 BILLING CODE 6450-01-P