[Federal Register Volume 60, Number 14 (Monday, January 23, 1995)]
[Notices]
[Page 4402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1603]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Grant of Certificate of Interim Extension of the Term of U.S.
Patent No. Re. 34,617 of U.S. Patent No. 4,005,196; Olestra
AGENCY: Patent and Trademark Office, Commerce.
ACTION: Notice of Interim Patent Term Extension.
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SUMMARY: The Patent and Trademark Office has issued a certificate under
35 U.S.C. Sec. 156(d)(5) for a second one-year interim extension of the
term of U.S. Patent No. Re. 34,617 of U.S. Patent No. 4,005,196 that
claims the food additive known as olestra.
FOR FURTHER INFORMATION CONTACT:
Gerald A. Dost by telephone at (703) 305-9285; or by mail addressed to
the Commissioner of Patents and Trademarks, Washington, D.C. 20231
marked to the attention of Gerald A. Dost, Special Program Examiner,
Office of the Deputy Assistant Commissioner for Patent Policy and
Projects.
SUPPLEMENTARY INFORMATION: Section 156 of Title 35, United States Code,
generally provides that the term of a patent may be extended for a
period of up to 5 years if the patent claims a product, or a method of
making or using a product, that has been subject to certain defined
regulatory review. Under section 156, a patent is eligible for term
extension only if regulatory review of the claimed product was
completed before the original patent term expired.
On December 3, 1993, section 156 was amended by Pub. L. No. 103-179
to provide that if the owner of record of the patent or its agent
reasonably expects the applicable regulatory review period to extend
beyond the expiration of the patent, the owner or its agent may submit
an application to the Commissioner of Patents and Trademarks for an
interim extension of the patent term. If the Commissioner determines
that, except for permission to market or use the product commercially,
the patent would be eligible for a statutory extension of the patent
term, the Commissioner shall issue to the applicant a certificate of
interim extension for a period of not more than one year. The owner of
record of the patent or its agent may apply for a subsequent one-year
interim extension.
On January 7, 1994, The Procter & Gamble Company, owner of record
in the Patent and Trademark Office of U.S. Patent No. Re. 34,617 of
U.S. Patent No. 4,005,196, filed an application for interim extension
of the term of the patent under 35 U.S.C. Sec. 156(d)(5). The
application states that the patent claims a composition of matter
comprising the food additive product olestra. The application indicates
that the product is currently undergoing a regulatory review before the
Food and Drug Administration for permission to market or use the
product commercially. The original term of the patent expired on
January 25, 1994. On January 14, 1994, a first one-year interim
extension was granted under 35 U.S.C. Sec. 156(d)(5). The extended term
of the patent expires on January 25, 1995. On December 1, 1994,
applicant requested a second one-year interim extension of the term of
the patent.
Review of the application indicates that, except for permission to
market or use the product commercially, the subject patent would be
eligible for an extension of the patent term under 35 U.S.C. Sec. 156.
Since it is apparent that the regulatory review period may extend
beyond the expiration of the first one-year interim extension of the
original patent term, a second one-year interim extension of the patent
term under 35 U.S.C. Sec. 156(d)(5) is appropriate. Accordingly, a
second one-year interim extension under 35 U.S.C. Sec. 156(d)(5) of the
term of U.S. Patent No. Re. 34,617 of U.S. Patent No. 4,005,196 has
been granted from the expiration of the first one-year interim
extension of the original expiration date of the patent.
Dated: January 17, 1995.
Bruce A. Lehman,
Assistant Secretary of Commerce and Commissioner of Patents and
Trademarks.
[FR Doc. 95-1603 Filed 1-20-95; 8:45 am]
BILLING CODE 3510-16-M
