[Ip-health] KEI comments on prospective exclusive NIH license to streptococcus pneumonia patents, for the University of Liverpool

Luis Gil Abinader luis.gil.abinader at keionline.org
Tue Jul 3 06:38:36 PDT 2018

On July 2, 2018, Knowledge Ecology International (KEI) filed comments to
the National Institutes of Health (NIH) regarding the prospective grant of
an exclusive license to the University of Liverpool, located in the U.K.
The inventions described in the Federal Register notice 83 FR 28002 relate
to “streptococcus pneumonia PSAA peptide for treatment of sepsis and

A PDF of the comments filed yesterday are available here:

KEI’s comments propose several conditions on the exclusive license,

- Prices in the U.S. for any drug, vaccine, medical device or other health
technology using the invention should not be higher than the median price
charged in the seven countries with the largest gross domestic product
(GDP), that also have a per capita income of at least 50 percent of the
United States, as measured by the World Bank Atlas Method.

- The license should not be exclusive for countries with a per capita
income that is less than 30 percent of the US.

- The licensee should be required to file an annual report to the NIH,
available to the public, on the research and development (R&D) costs
associated with the development of any product that uses the invention,
including reporting separately and individually the outlays on each
clinical trial;

- The exclusivity of the license in the U.S. should be reduced by one year
for every $500 million in revenue equivalents, earned after the first $1
billion, where revenue equivalent is defined as global cumulative sales,
plus market entry rewards as well as government grants or tax credits, for
the product or products using the invention.

KEI also provided a table that identified more than $1 billion in federal
research grants related to streptococcus pneumonia or streptococcus

A list of previous comments on exclusive licenses over NIH-owned patents is
available here: https://www.keionline.org/nih-licenses

More about KEI’s work is available here: https://www.keionline.org/ourwork

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