Notice2023-09566
Prospective Grant of an Exclusive Patent License: Predicting Patient Response to Cancer Therapy via Histopathology Images
Primary source
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Published
May 5, 2023
Issuing agencies
Health and Human Services DepartmentNational Institutes of Health
Abstract
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 Australian National University ("ANU"), a non-profit research institution located in Canberra, Australia for NCI's rights to the patent applications listed in the Supplementary Information section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 87 (Friday, May 5, 2023)</title>
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[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29141-29142]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09566]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
Prospective Grant of an Exclusive Patent License: Predicting
Patient Response to Cancer Therapy via Histopathology Images
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 Australian National University (``ANU''), a non-profit
research institution located in Canberra, Australia 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 May 22, 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: Kevin Chang, Ph.D., Senior Technology Transfer
Manager, NCI Technology Transfer Center, at: email:
<a href="/cdn-cgi/l/email-protection#94f7fcf5faf3fff1d4f9f5fdf8bafafdfcbaf3fbe2"><span class="__cf_email__" data-cfemail="22414a434c454947624f434b4e0c4c4b4a0c454d54">[email protected]</span></a>.
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 ANU: United States Provisional
Patent Application No. 63/349,829, filed June 7, 2022, entitled
``Predicting Patient Response to Cancer Therapy via Histopathology
Images'' (HHS Ref. No. E-186-2022-0-US-01).
The Government of the United States of America and ANU are
assignees of the patent rights in these inventions. The prospective
license will be for the purpose of consolidating NCI's patent rights to
ANU, 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 ANU will be subject to the provisions of 37 CFR
part 401 and 404.
This technology discloses a computational based method to predict
whether a cancer patient will respond to targeted and immunotherapies
against cancer using hematoxylin and eosin (H&E) slides from the
patient's tumor.
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 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.
[[Page 29142]]
Dated: May 1, 2023.
Richard U. Rodriguez,
Associate Director, Technology Transfer Center, National Cancer
Institute.
[FR Doc. 2023-09566 Filed 5-4-23; 8:45 am]
BILLING CODE 4140-01-P
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