Request Comments the Proposed of Determination Exceptional Circumstances DEC) the NINDS Medicinal Chemistry Neurotherapeutics Program Notice Number: NOT-NS-09-008 Key Dates Release Date: March 27, 2009 Issued National Institute Neurological Disorders Stroke NINDS)
http://www.ninds.nih.gov) Purpose National Institute Neurological Disorders Stroke NINDS) seeking public comment a proposed of Determination Exceptional Circumstances DEC), provided under Bayh-Dole Act, its new Medicinal Chemistry Neurotherapeutics Program MCNP). Background goal the NINDS MCNP to improve public health stimulating development new drugs neurological diseases. NINDS supported high-throughput screens basic research studies have led the discovery many small molecule compounds activity models neurological disease. of compounds might transformed drugs, chemical modifications improve potency pharmacological properties. However, biotechnology pharmaceutical companies hesitant invest the early development compounds rare diseases new targets, given concerns market success, budgets, associated risks. Academic researchers have identified promising compound rarely access medicinal chemistry services. MCNP intended overcome barriers. MCNP provide resources chemistry expertise transform small molecule compounds evidence bioactivity lead compounds sufficient potency, efficacy, drug-likeness begin preclinical studies required an investigational new drug application. Once projects ldquo;graduated” the MCNP, researchers take advantage other NIH resources, such the NINDS Translational Research Cooperative Program, NIH Rapid Access Interventional Development RAID) Pilot Program, funding agreements clinical trials advance drug leads through preclinical clinical testing. Researchers also engage industry other non-government resources follow-up work. MCNP envisioned a collaborative effort between NINDS-contracted medicinal chemistry service facility academic industry researchers bioassays model neurological disorders bioactive small molecule compounds. Under MCNP, researchers Contributors) provide compounds the NINDS medicinal chemistry service facility Contractors) a starting point chemical optimization. Contractors design generate chemical analogs these starting compounds, the Contributors test chemical analogs their disease bioassays. results inform next round analog design development, so on, potentially dozens rounds. design new chemical analogs under MCNP generate new inventions. Bayh-Dole Act establishes rights obligations grantees contractors Subject Inventions—inventions are conceived first actually reduced practice the performance work under funding agreement the Federal Government. of goals the Bayh-Dole Act to incentivize commercialization Government-supported Subject Inventions. Under Bayh-Dole Act, Government contractors generally retain right elect title inventions by researchers a result their work performed under Government-supported agreement. Determination Exceptional Circumstances DEC) the Bayh-Dole Act directs ownership inventions by funding recipient the Government other party. Thus, without Determination Exceptional Circumstances, NINDS-contracted MCNP medicinal chemists retain right elect title/ownership inventions all new compounds they invent under funding agreement NINDS. Responses a NINDS-issued Request Information RFI) directed potential Contributors Contractors suggest allowing Contractors retain ownership the chemical analog patent rights actually impede further development commercialization new drugs. order develop good lead compounds, MCNP must attract promising, high quality starting compounds. Potential Contributors informed NINDS they participate the MCNP only they be assured full ownership patent rights all analogs generated their starting compounds. Most potential Contractors not express interest retaining ownership Subject Inventions directed the analogs their methods use. potential Contractors indicated their business model these particular circumstances be provide specific services a fee. PROPOSED INTELLECTUAL PROPERTY STRATEGY: the MCNP, NINDS considering Determination Exceptional Circumstances DEC), provided under Bayh-Dole Act. DEC cover classes Subject Inventions: 1) Subject Inventions directed analog compounds their methods use, NINDS medicinal chemistry Contractors be required offer first right assignment the Contributor. the Contributor declines offer assignment, NINDS dispose the invention rights NINDS determines be the best interests the program public health e.g., allow Contractor retain invention rights). 2) Subject Inventions directed the methods manufacturing analog compounds, Contractor retain rights, the DEC require the Contractor grant agree negotiate licenses as enable research and commercialization the compounds. Rights all Subject Inventions be retained the Contractor pursuant the Bayh-Dole Act. Inquiries NINDS invites comments this strategy use a DEC the MCNP. Alternative strategies will encourage contribution chemical compounds the program be considered before final determination made regarding use a DEC. Please submit comments the attention Annette Carter, Contracting Officer the address below 4:00 PM Local Time April 17, 2009. Annette Carter, Contracting Officer National Institutes Health, NINDS R&D Contracts Management Branch 6001 Executive Blvd., Suite 3287 Bethesda, MD 20892-9531 via courier Rockville, MD 20852 Electronic submittal also accepted
cartera@mail.nih.gov