[Federal Register Volume 88, Number 13 (Friday, January 20, 2023)]
[Notices]
[Pages 3749-3750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01019]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of an Exclusive Patent License: Small Cell Lung 
Cancer Subtyping Using Plasma Cell-Free Nucleosomes

AGENCY: National Institutes of Health, HHS.

ACTION: Notice.

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SUMMARY: The National Cancer Institute (NCI), 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 Yissum Research and Development (``Yissum''), the technology 
transfer company of the Hebrew University of Jerusalem, a non-profit 
research institution located in Jerusalem, Israel for NCI's rights to 
the 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 National Cancer Institute's Technology Transfer 
Center on or before February 6, 2023 will be considered.

ADDRESSES: Requests for copies of the patent application, inquiries, 
and comments relating to the contemplated exclusive patent license 
should be directed to: Michaela McCrary, Ph.D., Licensing and Patenting 
Manager, NCI Technology Transfer Center, at: Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Intellectual Property

    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 Yissum: United States Provisional 
Patent Application No. 63/342,763, filed May 17, 2022 and entitled 
``SMALL CELL LUNG CANCER SUBTYPING USING PLASMA CELL-FREE NUCELOSOMES'' 
[HHS Reference No. E-172-2022-0-US-01].
    The patent rights in these inventions have been assigned to the 
Government of the United States of America and Yissum. The prospective 
license will be for the purpose of consolidating the patent rights to 
Yissum, 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 patent license territory 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 Yissum will be subject to the provisions of 37 
CFR part 401 and 404.
    This technology discloses a non-invasive method to molecularly 
subtype SCLC from plasma samples using chromatin immunoprecipitation of 
cell-free nucleosomes carrying active chromatin modification followed 
by sequencing (cfChIP-seq).
    This notice is made in accordance with 35 U.S.C. 209 and 37 CFR 
part 404. The prospective exclusive license will include terms for the 
sharing of royalty income with NCI from commercial sublicenses of the 
patent rights. The prospective exclusive license may be granted unless 
within fifteen (15) days from the date of this published notice, the 
National Cancer Institute 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

[[Page 3750]]

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 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: January 13, 2023.
Richard U. Rodriguez,
Associate Director, Technology Transfer Center, National Cancer 
Institute.
[FR Doc. 2023-01019 Filed 1-19-23; 8:45 am]
BILLING CODE 4140-01-P