[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Notices]
[Pages 58711-58712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29253]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Grant of Interim Extension of the term of U.S. Patent No.
4,291,708; T-SCANTM.
AGENCY: Patent and Trademark Office, Commerce.
ACTION: Notice of term extension.
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SUMMARY: The Patent and Trademark Office has granted an interim
extension under 35 U.S.C. 156(d)(5) for one year of the term of U.S.
Patent No. 4,291,708 that claims the medical device ``T-
SCANTM.''
FOR INFORMATION CONTACT:
Karin L. Tyson by telephone at (703) 305-9285; by mail marked to her
attention and addressed to the Assistant Commissioner for Patents, Box
DAC, Washington, DC 20231; by fax marked to her attention at (703) 308-
6916, or by e-mail at karin.tyson@uspto.gov.
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. 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 receipt of 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 September 4, 1998, patent owner Yeda Research & Development Co.,
filed an application under 35 U.S.C. 156(d)(5) for interim extension of
the term of U.S. Patent No. 4,291,708. The patent claims the method of
use of the medical device ``T-SCANTM.'' The application
indicates, and the Food and Drug Administration (FDA) has confirmed,
that the medical device is currently undergoing a regulatory review
before
[[Page 58712]]
the FDA for permission to market or use the product commercially. The
original term of the patent is due to expire on November 2, 1998.
Applicant requests an interim extension of one year.
Review of the application indicates that except for receipt of
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 date of expiration of the patent, 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. 4,291,708 has been granted for a period of one year
from the original expiration date of the patent.
Dated: October 26, 1998.
Bruce A. Lehman,
Assistant Secretary of Commerce and Commissioner of Patents and
Trademarks.
[FR Doc. 98-29253 Filed 10-30-98; 8:45 am]
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