[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35101-35102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14128]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License, Inter-Institutional 
Agreement-Institution Lead: Biomarkers and Immunogenic Compositions for 
Filarial Parasites

AGENCY: National Institutes of Health, National Institute of Allergy 
and Infectious Diseases, HHS.

ACTION: Notice.

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SUMMARY: The National Institute of Allergy and Infectious Diseases, an 
institute of the National Institutes of Health, Department of Health 
and Human Services, is contemplating the grant of an exclusive, 
sublicensable patent license to New York Blood Center, Inc. (``NYBC''), 
located in New York, New York, in its rights to the technologies and 
patent applications listed in the Supplementary Information section of 
this notice.

DATES: Only written comments and/or applications for a license which 
are received by the Technology Transfer and Intellectual Property 
Office, National Institute of Allergy and Infectious Diseases, on or 
before July 16, 2021 will be considered.

ADDRESSES: Requests for copies of the patent applications, inquiries, 
and comments relating to the contemplated Exclusive License should be 
directed to: Theodoric Mattes, Ph.D., Technology Transfer and Patent 
Specialist, Technology Transfer and Intellectual Property Office, 
National Institute of Allergy and Infectious Diseases, 5601 Fishers 
Lane, Suite 6D, MSC9804, Rockville, MD 20852-9804, phone number 240-
627-3827, or [email protected].

SUPPLEMENTARY INFORMATION: The following and all continuing U.S. 
patents/patent applications thereof are the intellectual properties to 
be licensed under the prospective agreement to NYBC: United States 
Provisional Patent Application Number 62/317,342, filed May 1, 2016, 
the title of which is ``Biomarkers and Immunogenic Compositions for 
Filarial Parasites'' (HHS Reference No. E-288-2016-0-US-01); PCT Patent 
Application Number PCT/US2017/025554, filed March 31, 2017, the title 
of which is ``Biomarkers and Immunogenic Compositions for Filarial 
Parasites'' (HHS Reference No. E-288-2016-00-PCT-02); United States 
Patent Application Number 16/090,013, filed September 28, 2018, the 
title of which is ``Biomarkers and Immunogenic Compositions for 
Filarial Parasites'' (HHS Reference No. E-288-2016-0-US-03); and United 
States Patent Application Number 17/076,616, filed October 21, 2020, 
the title of which is ``Biomarkers and Immunogenic Compositions for 
Filarial Parasites'' (HHS Reference No. E-288-2016-0-US-04).
    The patent rights to this technology have been assigned to New York 
Blood Center, Inc. and the Government of the United States of America 
as represented by the Secretary, Department of Health & Human Services, 
by each institution's respective inventors.
    The prospective patent license will be for the purpose of 
consolidating the patent rights to New York Blood Center, Inc., for the 
development and commercialization of the technology.
    Consolidation of these co-owned rights is intended to expedite 
development of the technology, consistent with the goals of the Bayh-
Dole Act codified as 35 U.S.C. 200-212.
    The prospective interinstitutional agreement may include an 
exclusive license for NIAID's rights in these jointly owned patents. It 
will be sublicensable, and any sublicenses granted by NYBC will be 
subject to the provisions of 37 CFR part 404. NIAID will retain its 
rights to non-exclusively license its rights to the patent applications 
to third parties for internal research use.
    In the subject technology, researchers at NIAID and NYBC isolated 
and analyzed the transcriptome and proteome of the parasite at various 
life stages as well as its Wolbachia sp. endosymbiont to identify 
potential biomarkers for diagnostic assays and vaccine candidates. In 
all, they identified forty-seven (47) biomarkers. The associated 
patents claim the use of two or more of these biomarkers in conjunction 
with an adjuvant as an immunological composition, or the detection of 
any of these biomarkers in a serological-type assay.
    This notice is made in accordance with 35 U.S.C. 209 and 37 CFR 
part 404. The prospective exclusive license will be royalty bearing, 
and may be granted unless within fifteen (15) days from the date of 
this published notice the National Institute of Allergy and Infectious 
Diseases 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.
    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

[[Page 35102]]

confidentially, and may be made publicly available.
    Complete license applications submitted in response to this Notice 
will be presumed to contain business confidential information and any 
release of information in these license applications will be made only 
as required and upon a request under the Freedom of Information Act, 5 
U.S.C. 552.

    Dated: June 25, 2021.
Surekha Vathyam,
Deputy Director, Technology Transfer and Intellectual Property Office, 
National Institute of Allergy and Infectious Diseases.
[FR Doc. 2021-14128 Filed 6-30-21; 8:45 am]
BILLING CODE 4140-01-P