[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28302]
[[Page Unknown]]
[Federal Register: November 16, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Prospective Grant of Partially Exclusive Patent License
AGENCY: National Institutes of Health, Public Health Service, DHHS.
ACTION: Notice.
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SUMMARY: This is notice in accordance with 15 U.S.C. 209(c)(1) and 37
CFR 404.7(a)(1)(i) that the National Institutes of Health (NIH),
Department of Health and Human Services, is contemplating the grant of
a partially exclusive license in a limited field of use to practice the
inventions embodied in U.S. Patent 5,104,977 (formerly U.S. Patent
Application 06/423,203) entitled ``Purified Transforming Growth Factor
Beta'' and its foreign counterparts, including inventions deriving
priority from U.S. Patent Applications 06/500,832 and 06/500,927, to
Celtrix Pharmaceuticals Inc. having a place of business at Santa Clara,
California. The patent rights in these inventions have been assigned to
the United States of America.
The prospective partially exclusive license will be for the field
of ophthalmology. It will be royalty-bearing and will comply with the
terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7.
The prospective partially exclusive license may be granted unless,
within sixty days from the date of this published Notice, NIH 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 404.7.
This invention relates to a protein known as transforming growth
factor-beta (TGF-beta) and its uses. The U.S. patent (5,104,977) issued
on April 14, 1992 and has a divisional (USPA 07/816,563) and two
continuations (08/048,956 and 08/267,227) currently pending at the U.S.
PTO. The invention contains both composition of matter and method of
using claims to TGF-beta. The invention facilitates studies relating
TGF-'s normal physiological function, and structural analysis,
which could provide information on cloning of the TGF-
protein. Production of TGF- in mass quantities might have
useful therapeutic application in enhancement of wound healing and
tissue repair. Requests for a copy of the above identified patent
applications, inquiries, comments and other materials relating to the
contemplated license should be directed to: Dr. Carl Floyd, Office of
Technology Transfer, National Institutes of Health, 6011 Executive
Boulevard, Box 13, Rockville, Maryland 20852-3804 (telephone: (301)
496-7735 ext. 246; FAX: (301) 402-0220). A signed Confidential
Disclosure Agreement will be required to receive copies of the patent
application(s). Properly filed competing applications for a license
filed in response to this notice will be treated as objections to the
grant of the contemplated license. Only written comments and/or
applications for a license which are received by the NIH Office of
Technology Transfer on or before January 17, 1995 will be considered.
Dated: October 29, 1994.
Barbara M. McGarey,
Deputy Director, Office of Technology Transfer.
[FR Doc. 94-28302 Filed 11-15-94; 8:45 am]
BILLING CODE 4140-01-P
