[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
