[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Notices]
[Pages 42531-42532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16950]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
Prospective Grant of Exclusive License: Ophthalmic Diagnostic
Devices
AGENCY: National Institutes of Health, HHS.
ACTION: Notice.
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SUMMARY: This is notice, in accordance with 35 U.S.C. 209 and 37 CFR
part 404, that the National Institutes of Health (NIH), Department of
Health and Human Services (HHS), is contemplating the grant of a
worldwide exclusive start-up patent license, to practice the inventions
embodied in U.S. Patent 8,132,911 (HHS Ref. No. E-279-2006/0) to
OptoBiometrics Designs, Inc., a company incorporated under the laws of
the State of California having its headquarters in Pleasant Hill,
California. The United States of America is the assignee of the rights
of the above inventions. The contemplated exclusive license may be
granted in a field of use limited to ocular fundus examination devices
and systems.
DATES: Only written comments and/or applications for a license received
by the NIH Office of Technology Transfer on or before July 31, 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 issued patent covers an optical system
that permits targeted photo-stimulation of the retina by positioning a
stimulus location under visual guidance through a fundus camera. The
instant system is designed to elicit, under direct infrared (IR) visual
control of stimulus size and position in the retina, electroretinograms
(ERGs) in response to photo-stimulation from selected regions of the
retina, as well as to present small light stimuli to a selected area to
explore visual sensitivity properties. For example, the detected ERGs
can be the basis for diagnosing or characterizing patient retina with
early stage retinal disease versus healthy retina from the opposite
eye. The system can be mounted on commercially available fundus cameras
that have IR capabilities (or would accept IR bandpass filtering of
[[Page 42532]]
their retinal illumination output) and will accept a near IR CCD camera
connected to a TV mounted on the photographic-camera port.
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 part
404. The prospective exclusive license may be granted unless, within
fifteen (15) 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 part 404.
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: July 9, 2013.
Richard U. Rodriguez,
Director, Division of Technology Development and Transfer, Office of
Technology Transfer, National Institutes of Health.
[FR Doc. 2013-16950 Filed 7-15-13; 8:45 am]
BILLING CODE 4140-01-P