94-1560. Grant of Certificate of Interim Extension of the Term of U.S. Patent No. 4,005,196; Olestra  

  • [Federal Register Volume 59, Number 15 (Monday, January 24, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-1560]
    
    
    [[Page Unknown]]
    
    [Federal Register: January 24, 1994]
    
    
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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. 4,005,196; Olestra
    
    AGENCY: Patent and Trademark Office, Commerce.
    
    ACTION: Notice of patent term extension.
    
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    SUMMARY: The Patent and Trademark Office has issued a certificate under 
    35 U.S.C. 156(d)(5) for a one-year interim extension of the term 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) 
    305-8813; or by mail marked to his attention and addressed to the 
    Commissioner of Patents and Trademarks, Washington, D.C. 20231.
    
    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.
        On January 7, 1994, Procter & Gamble Company, owner of record in 
    the Patent and Trademark Office of U.S. Patent No. 4,005,196, filed an 
    application for interim extension of the term of this patent under 35 
    U.S.C. 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 is set to expire on January 25, 1994. Applicant requests 
    an interim extension of the term of the patent for a period of one 
    year.
        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. 156. Since 
    it is apparent that the regulatory review period may extend beyond the 
    expiration of the original patent term, an interim extension of the 
    patent term under 35 U.S.C. 156(d)(5) is appropriate. Accordingly, an 
    interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. Patent 
    No. 4,005,196 has been granted for a period of one year from the 
    original expiration date of the patent.
    
        Dated: January 14, 1994.
    Michael K. Kirk,
    Acting Assistant Secretary of Commerce and Acting Commissioner of 
    Patents and Trademarks.
    [FR Doc. 94-1560 Filed 1-21-94; 10:00 am]
    BILLING CODE 3510-16-M
    
    
    

Document Information

Published:
01/24/1994
Department:
Patent and Trademark Office
Entry Type:
Uncategorized Document
Action:
Notice of patent term extension.
Document Number:
94-1560
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: January 24, 1994