83_FR_24422 83 FR 24320 - Prospective Grant of Exclusive License: Production of Monovalent Live Attenuated Zika Vaccines and Multivalent Live Attenuated Flavivirus Vaccines

83 FR 24320 - 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 Range24320-24320
FR Document2018-11258

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 Medigen Vaccines Biologics Corp. (Medigen), having a place of business in Zhubei, Taiwan.

Federal Register, Volume 83 Issue 102 (Friday, May 25, 2018)
[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Notices]
[Page 24320]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11258]


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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 Medigen Vaccines Biologics Corp. (Medigen), 
having a place of business in Zhubei, Taiwan.

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.
    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 Europe, China, South Korea, Japan, 
India, Australia and New Zealand.
    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. 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. 2018-11258 Filed 5-24-18; 8:45 am]
 BILLING CODE 4140-01-P



                                              24320                           Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Notices

                                                Contact Person: Julia Berzhanskaya, Ph.D.,            (Medigen), having a place of business in              consequences of Zika without effective
                                              Scientific Review Officer, Office of                    Zhubei, Taiwan.                                       protection. There is therefore urgent
                                              Extramural Policy and Review, Division of                                                                     need to develop biomedical
                                                                                                      DATES: Only written comments and/or
                                              Extramural Research, National Institute on
                                                                                                      application for a license which are                   interventions in parallel with ongoing
                                              Drug Abuse, NIH, DHHS, 6001 Executive
                                              Boulevard, Room 4234, MSC 9550, Bethesda,               received by the NIAID Technology                      public health efforts against ZIKV.
                                              MD 20892, 301–827–5840,                                 Transfer and Intellectual Property Office                No vaccine exists today to prevent
                                              julia.berzhanskaya@nih.gov.                             on or before June 25, 2018 will be                    ZIKV infections. The methods and
                                                This notice is being published less than 15           considered.                                           compositions of this invention provide
                                              days prior to the meeting due to the timing             ADDRESSES: Requests for a copy of the                 a means for prevention of ZIKV
                                              limitations imposed by the review and                                                                         infection by immunization with live
                                              funding cycle.
                                                                                                      patent application, inquiries, comments
                                                                                                      and other materials relating to the                   attenuated, immunogenic viral vaccines
                                                Name of Committee: National Institute on                                                                    against ZIKV and/or Dengue virus.
                                              Drug Abuse Special Emphasis Panel; SBIR
                                                                                                      contemplated Exclusive
                                              Phase II ‘‘Virtual Reality Tools for Treatment          Commercialization Patent License                         Many entities, governmental,
                                              of Substance Use Disorders’’ (5583).                    should be directed to: Peter Soukas,                  academic, and commercial, are actively
                                                Date: June 4, 2018.                                   Technology Transfer and Patent                        pursuing development of ZIKV vaccines
                                                Time: 10:00 a.m. to 11:30 a.m.                        Specialist, Technology Transfer and                   each using a different approach to
                                                Agenda: To review and evaluate contract               Intellectual Property Office, National                address this public health need. The
                                              proposals.                                              Institute of Allergy and Infectious                   U.S. Government is coordinating its
                                                Place: National Institutes of Health,                 Diseases, National Institutes of Health,
                                              Neuroscience Center, 6001 Executive
                                                                                                                                                            vaccine development response to ZIKV
                                                                                                      5601 Fishers Lane, Suite 6D, Rockville,               and has published this plan at https://
                                              Boulevard, Rockville, MD 20852 (Telephone
                                              Conference Call).
                                                                                                      MD 20852–9804; Email: ps193c@                         www.phe.gov/Preparedness/planning/
                                                Contact Person: Julia Berzhanskaya, Ph.D.,            nih.gov; Telephone: (301) 496–2644;                   Pages/zika-white-paper.aspx.
                                              Scientific Review Officer, Office of                    Facsimile: (240) 627–3117.
                                                                                                                                                               Vaccine development approaches for
                                              Extramural Policy and Review, Division of               SUPPLEMENTARY INFORMATION:
                                                                                                                                                            ZIKV include but are not limited to
                                              Extramural Research, National Institute on
                                              Drug Abuse, NIH, DHHS, 6001 Executive                   Intellectual Property                                 inactivated virus (dead virus), live
                                              Boulevard, Room 4234, MSC 9550, Bethesda,                                                                     attenuated virus (weakened virus),
                                                                                                         U.S. Provisional Patent Application
                                              MD 20892, 301–827–5840,                                                                                       recombinant viral vectors (weakened
                                                                                                      Number 62/307,170, filed March 11,
                                              julia.berzhanskaya@nih.gov.                                                                                   virus with target genes added), and
                                                                                                      2016 and entitled ‘‘Live Attenuated Zika
                                              (Catalogue of Federal Domestic Assistance                                                                     subunit (portion of a virus) as well as
                                                                                                      Virus Vaccines,’’ Whitehead et al., and
                                              Program No.: 93.279, Drug Abuse and                                                                           mRNA- and DNA-based (gene-targeted).
                                                                                                      PCT Patent Application Number PCT/
                                              Addiction Research Programs, National                                                                         These various strategies provide
                                                                                                      US2017/0021989, filed March 11, 2017
                                              Institutes of Health, HHS)                                                                                    multiple redundancies, expanded
                                                                                                      and entitled ‘‘Live Attenuated Zika
                                                Dated: May 21, 2018.                                                                                        choice, and ensure short and long term
                                                                                                      Virus Vaccines,’’ Whitehead et al. [HHS
                                              Natasha M. Copeland,                                                                                          maximal benefits to the public.
                                                                                                      Reference E–118–2016/0]; and U.S. and
                                              Program Analyst, Office of Federal Advisory             foreign patent applications claiming                     This notice is made in accordance
                                              Committee Policy.                                       priority to the aforementioned                        with 35 U.S.C. 209 and 37 CFR part 404.
                                              [FR Doc. 2018–11216 Filed 5–24–18; 8:45 am]             applications.                                         The prospective exclusive license will
                                              BILLING CODE 4140–01–P                                     The patent rights in these inventions              be royalty bearing, and the prospective
                                                                                                      have been assigned to the government of               exclusive license may be granted unless
                                                                                                      the United States of America.                         within thirty (30) days from the date of
                                              DEPARTMENT OF HEALTH AND                                   The field of use may be limited to                 this published notice, the National
                                              HUMAN SERVICES                                          monovalent live attenuated Zika                       Institute of Allergy and Infectious
                                                                                                      vaccines and multivalent live attenuated              Diseases receives written evidence and
                                              National Institutes of Health                           flavivirus vaccines. The Licensed                     argument that establishes that the grant
                                                                                                      Territory may be limited to Europe,                   of the license would not be consistent
                                              Prospective Grant of Exclusive                          China, South Korea, Japan, India,                     with the requirements of 35 U.S.C. 209
                                              License: Production of Monovalent                       Australia and New Zealand.                            and 37 CFR part 404.
                                              Live Attenuated Zika Vaccines and                          Zika virus (ZIKV) is an emerging
                                              Multivalent Live Attenuated Flavivirus                                                                           Complete applications for a license in
                                                                                                      infectious disease that was first                     the prospective field of use that are filed
                                              Vaccines                                                identified in 1947, and that has more                 in response to this notice will be treated
                                              AGENCY:  National Institute of Allergy                  recently become a major public health                 as objections to the grant of the
                                              and Infectious Diseases, National                       threat around the world. ZIKV has                     contemplated Exclusive
                                              Institutes of Health, Public Health                     recently been shown to cause                          Commercialization Patent License
                                              Service, DHHS.                                          devastating neurological damage in                    Agreement. Comments and objections
                                              ACTION: Notice.                                         infants and serious complications in                  submitted to this notice will not be
                                                                                                      adults in some cases, and may have                    made available for public inspection
                                              SUMMARY: The National Institute of                      other effects that have not yet been                  and, to the extent permitted by law, will
                                              Allergy and Infectious Diseases, an                     identified or definitively linked to the              not be released under the Freedom of
                                              institute of the National Institutes of                 virus. There are no treatments or                     Information Act, 5 U.S.C. 552.
                                              Health, Department of Health and                        vaccines for this insidious virus.
amozie on DSK3GDR082PROD with NOTICES1




                                              Human Services, is contemplating the                    Recommendations that women who live                      Dated: May 14, 2018.
                                              grant of an Exclusive Commercialization                 in or travel to endemic areas avoid                   Suzanne M. Frisbie,
                                              Patent License to practice the inventions               pregnancy for long periods of time are                Deputy Director, Technology Transfer and
                                              embodied in the Patents and Patent                      unrealistic, particularly in contexts                 Intellectual Property Office, National Institute
                                              Applications listed in the Summary                      where access to reproductive services is              of Allergy and Infectious Diseases.
                                              Information section of this notice to                   limited, and threaten to leave those                  [FR Doc. 2018–11258 Filed 5–24–18; 8:45 am]
                                              Medigen Vaccines Biologics Corp.                        most likely to suffer the devastating                 BILLING CODE 4140–01–P




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Document Created: 2018-05-25 02:13:23
Document Modified: 2018-05-25 02:13:23
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 24320 

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