NIH National Eye Institute Plans Exclusive Patent License for PEDF Peptides to Treat Retinal Degeneration
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The National Eye Institute (NEI), part of the U.S. National Institutes of Health (NIH) under the Department of Health and Human Services, has published a notice of its intent to grant an exclusive patent license to Perpetual Biosciences, Inc., a New York-based company. The license would cover inventions related to Pigment Epithelium-Derived Factor (PEDF) peptides and their application in treating retinal degeneration diseases. PEDF is a naturally occurring protein known for its neuroprotective and anti-angiogenic properties, and synthetic peptide derivatives have shown therapeutic promise for conditions such as age-related macular degeneration (AMD) and other degenerative retinal diseases. The proposed exclusive license would give Perpetual Biosciences the commercial rights to develop, manufacture, and commercialize products based on these federally funded inventions. This notice is a mandatory public disclosure step under U.S. federal law (35 U.S.C. § 209 and 37 C.F.R. Part 404), allowing interested parties to challenge or comment on the proposed exclusive grant before it is finalized. The public has a defined window — typically 15 days from publication — to submit objections or competing applications for a license. If finalized, this arrangement would channel NIH-owned biomedical intellectual property into private commercial development, potentially accelerating the path to clinical therapies for millions of patients suffering from vision-threatening retinal conditions.
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Key Changes
- NIH/NEI intends to grant an exclusive patent license to Perpetual Biosciences, Inc. (New York, NY) covering PEDF peptide inventions
- License scope covers therapeutic use of PEDF-derived peptides for treating retinal degeneration diseases including AMD
- Public notice triggers a 15-day comment/objection window under 35 U.S.C. § 209 and 37 C.F.R. Part 404 before the license is finalized
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Obligations
What this law requires
Publish a notice of intent to grant exclusive patent license in accordance with 35 U.S.C. § 209 and 37 C.F.R. Part 404 requirements
Provide a defined public comment period of approximately 15 days from publication for interested parties to submit objections or competing applications
Include patent applications covered by the proposed exclusive license in the supplementary information section of the official notice
Allow competing parties to submit alternative license applications during the public comment period before finalizing the exclusive license grant
Consider all timely objections and competing applications received before granting the exclusive patent license to Perpetual Biosciences, Inc.