The NIH once published its patent applications through the NTIS prior to US
grant, but I think they stopped doing that around 1995 (as your source at
NTIS suggested). The reason is that the NIH wants its piece of the licensing
pie. I doubt there is any backdoor route to obtaining an application once
the tech transfer office gets involved. US patent applications should
publish 18 months after the file date. You can search for them at the USPTO
website, as pre-grant publications. Once they publish, they are available
from the usual patent document vendors, including the USPTO website.
Andy Berks
Andrew H. Berks, Ph.D.
Sr. Information Scientist
Merck & Co. Patent Dept. RY60-35
126 E. Lincoln Ave
Rahway NJ 07065 USA
732-594-1701 fax: 732-594-5832
andrew_berks@merck.com
-----Original Message-----
From: DNL (Diana Louden) [mailto:diana@zgi.com]
Sent: Wednesday, August 28, 2002 2:32 PM
To: 'PIUG-L@DERWENT.CO.UK'
Subject: applications cited in Federal Register notices of
government-owne d inventions available for licensing
Dear PIUG:
I learned about a US patent application through a Federal Register notice
listing government-owned inventions available for licensing. The patent
application was filed earlier this year, so it is not yet available from the
USPTO. The Federal Register notice states that a copy of the patent
application can be obtained by signing a Confidential Disclosure Agreement
with the Office of Technology Transfer at NIH. I have been asked to find
out if there is a way to read any part of this patent application (before a
patent office publishes it) without signing the Confidential Disclosure
Agreement.
I learned through the PIUG discussion list that some government patent
applications are made available through NTIS prior to their publication by a
patent office, but when I contacted NTIS, I was told that they no longer
handle patent publications for NIH (National Institutes of Health). (I was
told that NTIS still handles patent publications for the Department of
Defense, the Department of Energy, and NASA.)
Does anyone know whether the NIH still makes some or all of its patent
applications available (in whole or in part) before they are published by a
patent office? If so, does anyone know when the first public disclosure of
any part of this patent application could be expected or where this
information is published?
Thank you for any advice you can give me.
Sincerely,
Diana Louden
Sr. Research Information Specialist
ZymoGenetics, Inc.
1201 Eastlake Ave. E.
Seattle, WA 98102
diana@zgi.com
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