[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Page 12008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04070]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Government-Owned Inventions; Availability for Licensing

AGENCY: National Institutes of Health, HHS.

ACTION: Notice.

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SUMMARY: The National Heart, Lung, and Blood Institute (NHLBI), 
National Institutes of Health, Department of Health and Human Services, 
is contemplating the grant of sublicensable patent licenses to Simon 
Fraser University (``Simon Fraser''), a non-profit university located 
in British Columbia, Canada, and Le Centre National de la Recherche 
Scientifique (``CNRS''), a public scientific and technological 
establishment located in France, its rights to the inventions and 
patents listed in the SUPPLEMENTARY INFORMATION section of this notice.

DATES: Only written comments and/or applications for a license which 
are received by the NHLBI Office of Technology Transfer and Development 
on or before March 16, 2021 will be considered.

ADDRESSES: Requests for copies of the patent applications, inquiries, 
and comments relating to the contemplated exclusive patent license 
should be directed to: Brian W. Bailey, Ph.D., Senior Technology 
Transfer Manager, NHLBI Office of Technology Transfer and Development, 
31 Center Drive, Rm. 4A29, MSC 2479, Bethesda, MD 20892-2479 (for 
business mail), Telephone (301) 594-4094; Email: [email protected].

SUPPLEMENTARY INFORMATION: The following and all continuing U.S. and 
foreign patents/patent applications thereof are the intellectual 
properties to be licensed under the prospective agreement to Stanford: 
United States Provisional Patent Application No. 62/489,346 filed April 
24, 2017 and entitled ``FLUORIGEN-BINDING RNA APTAMERS'' [HHS Reference 
No. E-152-2018/0-US-01].
    The patent rights in these inventions have been assigned to the 
Government of the United States of America, Simon Fraser, and CNRS. The 
prospective patent license will be for the purpose of consolidating the 
patent rights to CNRS, one of the co-owners of said rights, for 
commercial development, and the purpose of consolidating the patent 
rights to CNRS and Simon Fraser for marketing. Consolidation of these 
co-owned rights is intended to expedite development of the invention, 
consistent with the goals of the Bayh-Dole Act codified as 35 U.S.C. 
200-212.
    The prospective patent license will be worldwide, exclusive, and 
may be limited to those fields of use commensurate in scope with the 
patent rights. It will be sublicensable, and any sublicenses granted by 
CNRS or Simon Fraser will be subject to the provisions of 37 CFR part 
401 and 404.
    This invention pertains to certain RNA aptamers with optimized 
fluorescent properties and fluorophore binding affinities as well as 
corresponding heterocyclic fluorophores. The technology consists of a 
suite of fluorescent RNA-fluorophore complexes within the ``Mango'' 
that have been optimized for live-cell imaging of RNA molecules without 
altering biological function, in a manner analogous to the way that 
fluorescently labeled proteins are used to study specific protein 
functions within cells. As such, this technology can be used as a 
powerful tool for live-cell study of RNA function and activity for 
research and diagnostic purposes. The prospective exclusive patent 
license will include terms for the sharing of royalty income with NHLBI 
from commercial sublicenses of the patent rights and may be granted 
unless within fifteen (15) days from the date of this published notice 
the NHLBI 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.
    Complete applications for a license that are timely filed in 
response to this notice will be treated as objections to the grant of 
the contemplated exclusive patent license. In response to this Notice, 
the public may file comments or objections. Comments and objections, 
other than those in the form of a license application, will not be 
treated confidentially, and may be made publicly available.
    License applications submitted in response to this Notice will be 
presumed to contain business confidential information and any release 
of information from these license applications will be made only as 
required and upon a request under the Freedom of Information Act, 5 
U.S.C. 552.
    Licensing information and copies of patent applications may be 
obtained by emailing Brian W. Bailey, Ph.D., [email protected], the 
indicated licensing contact at the National Heart, Lung, and Blood, 
Office of Technology Transfer and Development Office of Technology 
Transfer, 31 Center Drive, Room 4A29, MSC2479, Bethesda, MD 20892-2479; 
telephone: 301-402-5579. A signed Confidential Disclosure Agreement may 
be required to receive any unpublished information.
    Licensing Contact: Brian W. Bailey, Ph.D.; 301-594-4094; 
[email protected].

Bruce D. Goldstein,
Director, Office of Technology Transfer and Development, National 
Heart, Lung, and Blood Institute, National Institutes of Health.
[FR Doc. 2021-04070 Filed 2-26-21; 8:45 am]
BILLING CODE 4140-01-P