83_FR_24420 83 FR 24318 - Prospective Grant of Exclusive License: Production of Monovalent Live Attenuated Zika Vaccines and Multivalent Live Attenuated Flavivirus Vaccines

83 FR 24318 - Prospective Grant of Exclusive License: Production of Monovalent Live Attenuated Zika Vaccines and Multivalent Live Attenuated Flavivirus Vaccines

DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health

Federal Register Volume 83, Issue 102 (May 25, 2018)

Page Range24318-24319
FR Document2018-11257

The National Institute of Allergy and Infectious Diseases, an institute of the National Institutes of Health, Department of Health and Human Services, is contemplating the grant of an Exclusive Commercialization Patent License to practice the inventions embodied in the Patents and Patent Applications listed in the Summary Information section of this notice to to Fundacao Butantan, having a place of business in Sao Paulo, Brazil.

Federal Register, Volume 83 Issue 102 (Friday, May 25, 2018)
[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Notices]
[Pages 24318-24319]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11257]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Production of Monovalent 
Live Attenuated Zika Vaccines and Multivalent Live Attenuated 
Flavivirus Vaccines

AGENCY: National Institute of Allergy and Infectious Diseases, National 
Institutes of Health, Public Health Service, DHHS.

ACTION: Notice.

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

SUMMARY: The National Institute of Allergy and Infectious Diseases, an 
institute of the National Institutes of Health, Department of Health 
and Human Services, is contemplating the grant of an Exclusive 
Commercialization Patent License to practice the inventions embodied in 
the Patents and Patent Applications listed in the Summary Information 
section of this notice to to Fundacao Butantan, having a place of 
business in Sao Paulo, Brazil.

DATES: Only written comments and/or application for a license which are 
received by the NIAID Technology Transfer and Intellectual Property 
Office on or before June 25, 2018 will be considered.

ADDRESSES: Requests for a copy of the patent application, inquiries, 
comments and other materials relating to the contemplated Exclusive 
Commercialization Patent License should be directed to: Peter Soukas, 
Technology Transfer and Patent Specialist, Technology Transfer and 
Intellectual Property Office, National Institute of Allergy and 
Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, 
Suite 6D, Rockville, MD 20852-9804; Email: ps193c@nih.gov; Telephone: 
(301) 496-2644; Facsimile: (240) 627-3117.

SUPPLEMENTARY INFORMATION:

Intellectual Property

    U.S. Provisional Patent Application Number 62/307,170, filed March 
11, 2016 and entitled ``Live Attenuated Zika Virus Vaccines,'' 
Whitehead et al., and PCT Patent Application Number PCT/US2017/0021989, 
filed March 11, 2017 and entitled ``Live Attenuated Zika Virus 
Vaccines,'' Whitehead et al. [HHS Reference E-118-2016/0]; and U.S. and 
foreign patent applications claiming priority to the aforementioned 
applications.
    The patent rights in these inventions have been assigned to the 
government of the United States of America.

[[Page 24319]]

    The field of use may be limited to monovalent live attenuated Zika 
vaccines and multivalent live attenuated flavivirus vaccines. The 
Licensed Territory may be limited to the United States of America, 
Canada, Mexico, Brazil and Argentina.
    Zika virus (ZIKV) is an emerging infectious disease that was first 
identified in 1947, and that has more recently become a major public 
health threat around the world. ZIKV has recently been shown to cause 
devastating neurological damage in infants and serious complications in 
adults in some cases, and may have other effects that have not yet been 
identified or definitively linked to the virus. There are no treatments 
or vaccines for this insidious virus. While important, current measures 
for mosquito control are insufficient in most settings to prevent the 
spread of the virus. Recommendations that women who live in or travel 
to endemic areas avoid pregnancy for long periods of time are 
unrealistic, particularly in contexts where access to reproductive 
services is limited, and threaten to leave those most likely to suffer 
the devastating consequences of Zika without effective protection. 
There is therefore urgent need to develop biomedical interventions in 
parallel with ongoing public health efforts against ZIKV.
    No vaccine exists today to prevent ZIKV infections. The methods and 
compositions of this invention provide a means for prevention of ZIKV 
infection by immunization with live attenuated, immunogenic viral 
vaccines against ZIKV and/or Dengue virus.
    Many entities, governmental, academic, and commercial, are actively 
pursuing development of ZIKV vaccines each using a different approach 
to address this public health need. The U.S. Government is coordinating 
its vaccine development response to ZIKV and has published this plan at 
https://www.phe.gov/Preparedness/planning/Pages/zika-white-paper.aspx.
    Vaccine development approaches for ZIKV include but are not limited 
to inactivated virus (dead virus), live attenuated virus (weakened 
virus), recombinant viral vectors (weakened virus with target genes 
added), and subunit (portion of a virus) as well as mRNA- and DNA-based 
(gene-targeted). These various strategies provide multiple 
redundancies, expanded choice, and ensure short and long term maximal 
benefits to the public.
    This notice is made in accordance with 35 U.S.C. 209 and 37 CFR 
part 404. The prospective exclusive license will be royalty bearing, 
and the prospective exclusive license may be granted unless within 
thirty (30) days from the date of this published notice, the National 
Institute of Allergy and Infectious Diseases 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 in the prospective field of use 
that are filed in response to this notice will be treated as objections 
to the grant of the contemplated Exclusive Commercialization Patent 
License Agreement. Comments and objections submitted to this notice 
will not be made available for public inspection and, to the extent 
permitted by law, will not be released under the Freedom of Information 
Act, 5 U.S.C. 552.

    Dated: May 14, 2018.
Suzanne M. Frisbie,
Deputy Director, Technology Transfer and Intellectual Property Office, 
National Institute of Allergy and Infectious Diseases.
[FR Doc. 2018-11257 Filed 5-24-18; 8:45 am]
 BILLING CODE 4140-01-P



                                              24318                           Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Notices

                                              the need for childhood vaccination                      DEPARTMENT OF HEALTH AND                              DEPARTMENT OF HEALTH AND
                                              products that result in fewer or no                     HUMAN SERVICES                                        HUMAN SERVICES
                                              significant adverse reactions; surveying
                                              federal, state, and local programs and                  National Institutes of Health                         National Institutes of Health
                                              activities related to gathering
                                                                                                      Clinical Center; Notice of Closed                     Prospective Grant of Exclusive
                                              information on injuries associated with
                                                                                                      Meeting                                               License: Production of Monovalent
                                              the administration of childhood
                                                                                                                                                            Live Attenuated Zika Vaccines and
                                              vaccines, including the adverse reaction                                                                      Multivalent Live Attenuated Flavivirus
                                                                                                        Pursuant to section 10(d) of the
                                              reporting requirements of section 2125                                                                        Vaccines
                                                                                                      Federal Advisory Committee Act, as
                                              (b) of the PHS Act; advising the
                                                                                                      amended, notice is hereby given of a                  AGENCY:  National Institute of Allergy
                                              Secretary on the methods of obtaining,
                                                                                                      meeting of the Board of Scientific                    and Infectious Diseases, National
                                              compiling, publishing, and using
                                                                                                      Counselors of the NIH Clinical Center.                Institutes of Health, Public Health
                                              credible data related to the frequency
                                              and severity of adverse reactions                         The meeting will be closed to the                   Service, DHHS.
                                              associated with childhood vaccines;                     public as indicated below in accordance               ACTION: Notice.
                                              consulting on the development or                        with the provisions set forth in section
                                              revision of Vaccine Information                         552b(c)(6), Title 5 U.S.C., as amended                SUMMARY: The National Institute of
                                              Statements; and recommending to the                     for the review, discussion, and                       Allergy and Infectious Diseases, an
                                              Director of the National Vaccine                        evaluation of individual intramural                   institute of the National Institutes of
                                              Program research related to vaccine                     programs and projects conducted by the                Health, Department of Health and
                                                                                                      CLINICAL CENTER, including                            Human Services, is contemplating the
                                              injuries which should be conducted to
                                                                                                      consideration of personnel                            grant of an Exclusive Commercialization
                                              carry out the VICP.
                                                                                                      qualifications and performance, and the               Patent License to practice the inventions
                                                 Agenda: During the June 15, 2018,                                                                          embodied in the Patents and Patent
                                                                                                      competence of individual investigators,
                                              meeting, agenda items may include                                                                             Applications listed in the Summary
                                                                                                      the disclosure of which would
                                              updates from DICP, Department of                                                                              Information section of this notice to to
                                                                                                      constitute a clearly unwarranted
                                              Justice (DOJ), National Vaccine Program                                                                       Fundacao Butantan, having a place of
                                                                                                      invasion of personal privacy.
                                              Office (NVPO), Immunization Safety                                                                            business in Sao Paulo, Brazil.
                                              Office (Centers for Disease Control and                    Name of Committee: Board of Scientific             DATES: Only written comments and/or
                                              Prevention), National Institute of                      Counselors of the NIH Clinical Center Board           application for a license which are
                                              Allergy and Infectious Diseases                         meeting.                                              received by the NIAID Technology
                                              (National Institutes of Health) and                        Date: June 15, 2018.                               Transfer and Intellectual Property Office
                                              Center for Biologics, Evaluation and                       Time: 8:00 a.m. to 4:00 p.m.
                                                                                                                                                            on or before June 25, 2018 will be
                                                                                                         Agenda: To review and evaluate reports
                                              Research (Food and Drug                                                                                       considered.
                                                                                                      and responses to the following Clinic
                                              Administration). Information about the                                                                        ADDRESSES:   Requests for a copy of the
                                                                                                      Center’s Departments: Rehabilitation
                                              ACCV, a roster of members, the meeting                  Medicine, Bioethics, Critical Care Medicine,          patent application, inquiries, comments
                                              agenda, as well as past meeting                         Imaging Sciences, Transfusion Medicine,               and other materials relating to the
                                              summaries, is located on the ACCV                       Laboratory Medicine, Nursing, and                     contemplated Exclusive
                                              website: http://www.hrsa.gov/                           Pediatrics.                                           Commercialization Patent License
                                              advisorycommittees/childhoodvaccines/                      Place: National Institutes of Health,              should be directed to: Peter Soukas,
                                              index.html. Agenda items are subject to                 Building 10, 10 Center Drive, Bethesda, MD            Technology Transfer and Patent
                                              change as priorities dictate.                           20892.                                                Specialist, Technology Transfer and
                                                 Public Participation: Members of the                    Contact Person: John I. Gallin, M.D.,              Intellectual Property Office, National
                                              public will have the opportunity to                     Associate Director for Clinical Research,             Institute of Allergy and Infectious
                                              provide comments. Oral comments will                    Office of Director, NIH Clinical Center, 1            Diseases, National Institutes of Health,
                                                                                                      Center Drive, Room 201, Bethesda, MD                  5601 Fishers Lane, Suite 6D, Rockville,
                                              be honored in the order they are
                                                                                                      20892, 301–827–5428.                                  MD 20852–9804; Email: ps193c@
                                              requested and may be limited as time
                                              allows. Requests to make oral comments                     Any interested person may file written             nih.gov; Telephone: (301) 496–2644;
                                              or provide written comments to the                      comments with the committee by forwarding             Facsimile: (240) 627–3117.
                                                                                                      the statement to the Contact Person listed on         SUPPLEMENTARY INFORMATION:
                                              ACCV should be sent to Annie Herzog
                                                                                                      this notice. The statement should include the
                                              by June 5, 2018. Individuals who plan                   name, address, telephone number and when              Intellectual Property
                                              to participate and need special                         applicable, the business or professional
                                              assistance, such as sign language                                                                               U.S. Provisional Patent Application
                                                                                                      affiliation of the interested person.                 Number 62/307,170, filed March 11,
                                              interpretation or other reasonable
                                                                                                        Dated: May 18, 2018.                                2016 and entitled ‘‘Live Attenuated Zika
                                              accommodations, should notify Annie
                                                                                                      Michelle D. Trout,                                    Virus Vaccines,’’ Whitehead et al., and
                                              Herzog, using the address and phone                                                                           PCT Patent Application Number PCT/
                                              number above at least 10 days prior to                  Program Analyst, Office of Federal Advisory
                                                                                                      Committee Policy.
                                                                                                                                                            US2017/0021989, filed March 11, 2017
                                              the meeting.                                                                                                  and entitled ‘‘Live Attenuated Zika
                                                                                                      [FR Doc. 2018–11212 Filed 5–24–18; 8:45 am]
                                              Amy P. McNulty,                                                                                               Virus Vaccines,’’ Whitehead et al. [HHS
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                      BILLING CODE 4140–01–P                                Reference E–118–2016/0]; and U.S. and
                                              Acting Director, Division of the Executive
                                              Secretariat.                                                                                                  foreign patent applications claiming
                                              [FR Doc. 2018–11298 Filed 5–24–18; 8:45 am]
                                                                                                                                                            priority to the aforementioned
                                                                                                                                                            applications.
                                              BILLING CODE 4165–15–P
                                                                                                                                                              The patent rights in these inventions
                                                                                                                                                            have been assigned to the government of
                                                                                                                                                            the United States of America.


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                                                                              Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Notices                                                  24319

                                                 The field of use may be limited to                   exclusive license may be granted unless               Institute on Drug Abuse, National Institutes
                                              monovalent live attenuated Zika                         within thirty (30) days from the date of              of Health, DHHS, 6001 Executive Boulevard,
                                              vaccines and multivalent live attenuated                this published notice, the National                   Room 4238, MSC 9550, Bethesda, MD 20892,
                                                                                                                                                            301–827–5820, hiromi.ono@nih.gov.
                                              flavivirus vaccines. The Licensed                       Institute of Allergy and Infectious
                                              Territory may be limited to the United                  Diseases receives written evidence and                  Name of Committee: National Institute on
                                                                                                                                                            Drug Abuse Special Emphasis Panel; NIH
                                              States of America, Canada, Mexico,                      argument that establishes that the grant              Pathway to Independence Award (K99/R00).
                                              Brazil and Argentina.                                   of the license would not be consistent                  Date: June 25, 2018.
                                                 Zika virus (ZIKV) is an emerging                     with the requirements of 35 U.S.C. 209                  Time: 12:00 p.m. to 5:00 p.m.
                                              infectious disease that was first                       and 37 CFR part 404.                                    Agenda: To review and evaluate grant
                                              identified in 1947, and that has more                     Complete applications for a license in              applications.
                                              recently become a major public health                   the prospective field of use that are filed             Place: National Institutes of Health,
                                              threat around the world. ZIKV has                       in response to this notice will be treated            Neuroscience Center, 6001 Executive
                                              recently been shown to cause                            as objections to the grant of the                     Boulevard, Rockville, MD 20852 (Telephone
                                              devastating neurological damage in                      contemplated Exclusive                                Conference Call).
                                              infants and serious complications in                                                                            Contact Person: Susan O. McGuire, Ph.D.,
                                                                                                      Commercialization Patent License                      Scientific Review Officer, Office of
                                              adults in some cases, and may have                      Agreement. Comments and objections                    Extramural Policy and Review, National
                                              other effects that have not yet been                    submitted to this notice will not be                  Institute on Drug Abuse, National Institutes
                                              identified or definitively linked to the                made available for public inspection                  of Health, DHHS, 6001 Executive Blvd.,
                                              virus. There are no treatments or                       and, to the extent permitted by law, will             Room 4245, Rockville, MD 20852, (301) 827–
                                              vaccines for this insidious virus. While                not be released under the Freedom of                  5817, mcguireso@mail.nih.gov.
                                              important, current measures for                         Information Act, 5 U.S.C. 552.                        (Catalogue of Federal Domestic Assistance
                                              mosquito control are insufficient in                                                                          Program Nos.: 93.279, Drug Abuse and
                                                                                                         Dated: May 14, 2018.
                                              most settings to prevent the spread of                                                                        Addiction Research Programs, National
                                              the virus. Recommendations that                         Suzanne M. Frisbie,                                   Institutes of Health, HHS)
                                              women who live in or travel to endemic                  Deputy Director, Technology Transfer and
                                                                                                      Intellectual Property Office, National Institute        Dated: May 21, 2018.
                                              areas avoid pregnancy for long periods                                                                        Natasha M. Copeland,
                                                                                                      of Allergy and Infectious Diseases.
                                              of time are unrealistic, particularly in
                                                                                                      [FR Doc. 2018–11257 Filed 5–24–18; 8:45 am]           Program Analyst, Office of Federal Advisory
                                              contexts where access to reproductive                                                                         Committee Policy.
                                              services is limited, and threaten to leave              BILLING CODE 4140–01–P
                                                                                                                                                            [FR Doc. 2018–11220 Filed 5–24–18; 8:45 am]
                                              those most likely to suffer the
                                                                                                                                                            BILLING CODE 4140–01–P
                                              devastating consequences of Zika
                                              without effective protection. There is                  DEPARTMENT OF HEALTH AND
                                              therefore urgent need to develop                        HUMAN SERVICES
                                                                                                                                                            DEPARTMENT OF HEALTH AND
                                              biomedical interventions in parallel                    National Institutes of Health                         HUMAN SERVICES
                                              with ongoing public health efforts
                                              against ZIKV.                                           National Institute on Drug Abuse;                     National Institutes of Health
                                                 No vaccine exists today to prevent                   Notice of Closed Meetings
                                              ZIKV infections. The methods and                                                                              National Institute on Drug Abuse;
                                              compositions of this invention provide                    Pursuant to section 10(d) of the                    Notice of Closed Meetings
                                              a means for prevention of ZIKV                          Federal Advisory Committee Act, as
                                              infection by immunization with live                     amended, notice is hereby given of the                  Pursuant to section 10(d) of the
                                              attenuated, immunogenic viral vaccines                  following meetings.                                   Federal Advisory Committee Act, as
                                              against ZIKV and/or Dengue virus.                         The meetings will be closed to the                  amended, notice is hereby given of the
                                                 Many entities, governmental,                         public in accordance with the                         following meetings.
                                              academic, and commercial, are actively                  provisions set forth in sections                        The meetings will be closed to the
                                              pursuing development of ZIKV vaccines                   552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,            public in accordance with the
                                              each using a different approach to                      as amended. The grant applications and                provisions set forth in sections
                                              address this public health need. The                    the discussions could disclose                        552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
                                              U.S. Government is coordinating its                     confidential trade secrets or commercial              as amended. The contract proposals and
                                              vaccine development response to ZIKV                    property such as patentable material,                 the discussions could disclose
                                              and has published this plan at https://                 and personal information concerning                   confidential trade secrets or commercial
                                              www.phe.gov/Preparedness/planning/                      individuals associated with the grant                 property such as patentable material,
                                              Pages/zika-white-paper.aspx.                            applications, the disclosure of which                 and personal information concerning
                                                 Vaccine development approaches for                   would constitute a clearly unwarranted                individuals associated with the contract
                                              ZIKV include but are not limited to                     invasion of personal privacy.                         proposals, the disclosure of which
                                              inactivated virus (dead virus), live                                                                          would constitute a clearly unwarranted
                                                                                                        Name of Committee: National Institute on
                                              attenuated virus (weakened virus),                      Drug Abuse Special Emphasis Panel;
                                                                                                                                                            invasion of personal privacy.
                                              recombinant viral vectors (weakened                     Summer Research Education Experience                    Name of Committee: National Institute on
                                              virus with target genes added), and                     Programs (R25).                                       Drug Abuse Special Emphasis Panel; SBIR
                                              subunit (portion of a virus) as well as                   Date: June 21, 2018.                                Phase II ‘‘Analytical Tools for Scholarly
                                              mRNA- and DNA-based (gene-targeted).                      Time: 12:00 p.m. to 1:30 p.m.                       Research Assessment and Decision in the
                                              These various strategies provide                          Agenda: To review and evaluate grant                Biomedical Enterprise’’ (1214, 1217).
amozie on DSK3GDR082PROD with NOTICES1




                                              multiple redundancies, expanded                         applications.                                           Date: May 31, 2018.
                                                                                                        Place: National Institutes of Health,                 Time: 11:00 a.m. to 1:00 p.m.
                                              choice, and ensure short and long term                  Neuroscience Center, 6001 Executive                     Agenda: To review and evaluate contract
                                              maximal benefits to the public.                         Boulevard, Rockville, MD 20852 (Telephone             proposals.
                                                 This notice is made in accordance                    Conference Call).                                       Place: National Institutes of Health,
                                              with 35 U.S.C. 209 and 37 CFR part 404.                   Contact Person: Hiromi Ono, Ph.D.,                  Neuroscience Center, 6001 Executive
                                              The prospective exclusive license will                  Scientific Review Officer, Office of                  Boulevard, Rockville, MD 20852 (Telephone
                                              be royalty bearing, and the prospective                 Extramural Policy and Review, National                Conference Call).



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Document Created: 2018-05-25 02:13:17
Document Modified: 2018-05-25 02:13:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesOnly written comments and/or application for a license which are received by the NIAID Technology Transfer and Intellectual Property Office on or before June 25, 2018 will be considered.
FR Citation83 FR 24318 

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