[Federal Register Volume 87, Number 82 (Thursday, April 28, 2022)]
[Notices]
[Pages 25285-25286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09156]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License, Inter-Institutional 
Agreement-Institution Lead: Engineered Influenza Neuraminidase Antigens

AGENCY: National Institutes of Health, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The National Institute of Allergy and Infectious Diseases 
(NIAID), an institute of the National Institutes of Health (NIH), 
Department of Health and Human Services (HHS), is contemplating the 
grant of an exclusive, sublicensable patent license to the University 
of Washington, located in Seattle, State of Washington, U.S.A. in its 
rights to the inventions and the patent applications listed in the 
Supplementary Information section of this notice.

DATES: Only written comments and/or applications for a license which 
are

[[Page 25286]]

received by the Technology Transfer and Intellectual Property Office, 
National Institute of Allergy and Infectious Diseases (NIAID) on or 
before May 13, 2022 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: Amy Petrik, 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-
627-3721, or [email protected].

SUPPLEMENTARY INFORMATION: The following and all continuing patents/
patent applications thereof are the intellectual property to be 
licensed under the prospective agreement to the University of 
Washington: United States Provisional Patent Application Number 62/
986,295, filed March 6, 2020, entitled ``Engineered Influenza 
Neuraminidase Antigens'' (HHS Reference No. E-052-2021-0-US-01) and 
Patent Cooperation Treaty (PCT) Patent Application Number PCT/US2021/
020804, filed March 4, 2021, entitled ``Engineered Influenza 
Neuraminidase Antigens'' (HHS Reference No. E-052-2021-0-PCT-02).
    The patent rights in these inventions have been assigned to the 
University of Washington and Government of the United States of America 
as represented by the Secretary, Department of Health & Human Services.
    The prospective patent license will be for the purpose of 
consolidating the patent rights to the University of Washington, the 
co-owners of said rights, for commercial development and 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 inter-institutional agreement may include an 
exclusive license for NIAID's rights in these jointly owned patent 
applications. It will be sublicensable, and any sublicenses granted by 
the University of Washington will be subject to the provisions of 37 
CFR part 401 and 404.
    In the subject technology, researchers at NIAID and the University 
of Washington engineered the neuraminidase glycoprotein from the 
influenza virus to improve its properties as an antigen. The patent 
applications claim the mutations that the researchers introduced to 
stabilize the neuraminidase protein in its closed conformation and use 
of the engineered protein in an influenza vaccine.
    This notice is made in accordance with 35 U.S.C. 209 and 37 CFR 
part 404. The prospective exclusive license will include a share of the 
royalties from the licensing of this invention back to the NIAID, and 
may be granted unless within fifteen (15) days from the date of this 
published notice, NIAID 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 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: April 25, 2022.
Surekha Vathyam,
Deputy Director, Technology Transfer and Intellectual Property Office, 
National Institute of Allergy and Infectious Diseases.
[FR Doc. 2022-09156 Filed 4-27-22; 8:45 am]
BILLING CODE 4140-01-P