[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Notices]
[Pages 13365-13366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04442]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
Prospective Grant of Exclusive License: Food Quality Indicators
AGENCY: National Institutes of Health, Public Health Service, HHS.
ACTION: Notice.
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SUMMARY: 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 (HHS), is contemplating the
grant of a worldwide exclusive patent license to practice the
inventions embodied in:
HHS Ref. No. E-093-1997/0 ``Food Quality Indicator;''
[[Page 13366]]
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Patent application No. Territory Filing date Status
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61/052,674......................... US July 16, 1997......... Expired.
PCT/US1998/14780................... Int'l July 16, 1998......... Nationalized.
7,014,816.......................... US July 16, 1998......... Issued (expires July 16, 2017).
782088............................. AU July 16, 1998......... Issued (expires July 16, 2018).
10-0764516-0....................... KR July 16, 1998......... Issued (expires July 16, 2018).
98934602.8......................... EP July 16, 1998......... Pending (expected expiry July 16, 2018).
129002............................. IL July 16, 1998......... Issued (expires July 16, 2018).
4538106............................ JP July 16, 1998......... Issued (expires July 16, 2018).
2268477............................ CA July 16, 1998......... Issued (expires July 16, 2018).
241666............................. MX July 16, 1998......... Issued (expires July 16, 2018).
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to Vivione Biosciences, LLC, a company incorporated under the laws of
the State of Delaware having its headquarters in Jonesboro, Arkansas.
The United States of America is the assignee of the rights in the above
inventions. The contemplated exclusive license may be granted in a
field of use limited to devices for detecting volatile compounds
indicative of food spoilage.
DATES: Only written comments and/or applications for a license received
by the NIH Office of Technology Transfer on or before March 29, 2013
will be considered.
ADDRESSES: Requests for a copy of the patent application, inquiries,
comments and other materials relating to the contemplated license
should be directed to: Michael A. Shmilovich, Esq., CLP, Office of
Technology Transfer, National Institutes of Health, 6011 Executive
Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone: (301) 435-
5019; Facsimile: (301) 402-0220; Email: [email protected]. A signed
confidentiality nondisclosure agreement will be required to receive
copies of any patent applications that have not been published by the
United States Patent and Trademark Office or the World Intellectual
Property Organization.
SUPPLEMENTARY INFORMATION: The patent applications (including any
patents issuing therefrom or claiming priority thereto) intended for
licensure describe and claim indicator strips for monitoring food
quality and freshness in real time. The major factor for food spoilage
is the release of volatile gases due to the action of enzymes contained
within the food or produced by microorganisms growing in the food. The
rate of release of such gases depends on food's storage history. In
this technology, a reactive dye locked in a water-repellent material
reacts with the gases released during food decomposition, and changes
color. Thus a rapid and informed decision can be made about quality of
food and its shelf life under the storage conditions used. Since the
detection is based on biological processes that are the root cause for
food spoilage, these indicators are much more reliable. This technology
provides an alternative to the current methods for assessing food
quality that cannot accurately estimate shelf life of food products due
to unreliable storage history. These indicators have been successfully
tested on seafood and meats and can be easily adapted to dairy
products.
The prospective exclusive license 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 exclusive license may be granted unless, within thirty
(30) 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.
Properly filed competing applications for a license filed in
response to this notice will be treated as objections to the
contemplated license. Comments and objections submitted in response 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: February 20, 2013.
Richard Rodriguez,
Director, Division of Technology Development and Transfer, Office of
Technology Transfer, National Institutes of Health.
[FR Doc. 2013-04442 Filed 2-26-13; 8:45 am]
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