[Federal Register Volume 59, Number 100 (Wednesday, May 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12690]
[[Page Unknown]]
[Federal Register: May 25, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Prospective Grant Of Partially Exclusive Licenses: Antisense
Phosphorothioate Oligodeoxyribonucleotides
AGENCY: National Institutes of Health, Public Health Service, DHHS.
ACTION: Notice.
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SUMMARY: The National Institutes of Health (NIH) is announcing its
intent to grant partially exclusive licenses to ISIS Pharmaceuticals,
Inc. and Hybridon, Inc. for patent applications and patents claiming
antisense phosphorothioate oligodeoxyribonucleotides.
DATES: Written objections to or comments on the proposed partially
exclusive licenses must be submitted by July 25, 1994. Only written
comments and/or applications for a license which are received by NIH
within sixty (60) days of this notice will be considered in making the
final determination regarding the proposed partially exclusive licenses
to ISIS Pharmaceuticals, Inc. and Hybridon, Inc.
ADDRESSES: Requests for a copy of these patent applications or patents,
inquiries, objections, comments and other materials relating to the
contemplated partially exclusive licenses should be directed to: Mr.
Arthur J. Cohn, J.D., Technology Licensing Specialist, Office of
Technology Transfer, National Institutes of Health, 6011 Executive
Boulevard, suite 325, Rockville, MD 20852. Telephone: (301) 496-7735;
Facsimile: (301) 402-0220. A signed Confidentiality Agreement will be
required to receive a copy of the patent application.
SUPPLEMENTARY INFORMATION: This is notice in accordance with 35 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 partially exclusive world-wide licenses to practice the
invention embodied in U.S. Patent Application SN 07/030,073 (now
abandoned), entitled ``Phosphorothioate Analogues of
Oligodeoxyribonucleotides as Inhibitors for Replication and Cytopathic
Effects of HTLV-III Retroviruses and Other Foreign Nucleic Acids'' and
U.S. Patents 5,264,423, 5,276,019, and 5,286,717, each entitled
``Inhibitors for Replication of Retroviruses and for the Expression of
Oncogene Products'' to ISIS Pharmaceuticals, Inc. of Carlsbad,
California and Hybridon, Inc. of Worcester, Massachusetts. The patent
rights in this invention have been assigned to the United States of
America.
The prospective partially exclusive licenses will be royalty-
bearing and will comply with the terms and conditions of 35 U.S.C. 209
and 37 CFR 404.7. These prospective partially exclusive licenses may be
granted unless within 60 days from the date of this published notice,
NIH receives written evidence and argument establishing, to the
satisfaction of NIH, that the grant of the respective license would not
be consistent with the requirements of 35 U.S.C. 209 or 37 CFR 404.7.
The patent application and patents are currently coexclusively
licensed to Gilead Sciences, Inc., Lynx Therapeutics, Inc. and Gen-
Probe, Inc. (and its included affiliate, Genta, Inc.). The NIH has
determined that the terms of these coexclusive licenses do not prohibit
the grant of additional partially exclusive licenses. The NIH will give
full consideration to additional applications for licenses that
demonstrate the applicant is qualified to develop and commercialize the
inventions in accordance with 35 U.S.C. 209 and 37 CFR part 404.
The patent application and patents disclose novel phosphorothioate
oligodeoxyribonucleotide compositions which can be used to prevent the
replication of foreign nucleic acids in the presence of normal living
cells, as well as to inhibit the proliferation of neoplastic cells.
Dated: May 17, 1994.
Barbara M. McGarey,
Deputy Director, Office of Technology Transfer.
[FR Doc. 94-12690 Filed 5-24-94; 8:45 am]
BILLING CODE 4140-01-P
