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[Federal Register: April 15, 2008 (Volume 73, Number 73)]
[Notices]               
[Page 20256-20257]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap08-43]                         

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DEPARTMENT OF COMMERCE

 Patent and Trademark Office

[Docket No. PTO-P-2008-0015]

 
Grant of Interim Extension of the Term of U.S. Patent No. 
4,650,787; Sanvar[supreg]

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Notice of Interim Patent Term Extension.

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SUMMARY: The United States Patent and Trademark Office has issued an 
order granting interim extension under 35 U.S.C. 156(d)(5) for a fourth 
one-year interim extension of the term of U.S. Patent No. 4,650,787.

FOR FURTHER INFORMATION CONTACT: Mary C. Till by telephone at (571) 
272-7755; by mail marked to her attention and addressed to the 
Commissioner for Patents, Mail Stop Hatch-Waxman PTE, P.O. Box 1450, 
Alexandria, VA 22313-1450; by fax marked to her attention at (571) 273-
7755, or by e-mail to Mary.Till@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

[[Page 20257]]

up to five 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, and that the patent may be extended for interim periods of up 
to a year if the regulatory review is anticipated to extend beyond the 
expiration date of the patent.
    On March 24, 2008, Debiovision Inc., the exclusive agent of 
Debiopharm S.A. and Debio Recherche Pharmaceutique S.A., who is the 
exclusive licensee of the Administrators of the Tulane Educational Fund 
of New Orleans, Louisiana, the patent owner, timely filed an 
application under 35 U.S.C. 156(d)(5) for a fourth interim extension of 
the term of U.S. Patent No. 4,650,787. The patent claims the human drug 
product Sanvar[supreg] (vapreotide acetate). The application indicates 
that a New Drug Application for the human drug product Sanvar[supreg] 
(vapreotide acetate) has been filed and is currently undergoing 
regulatory review before the Food and Drug Administration for 
permission to market or use the product commercially.
    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, and 
that the patent should be extended for an additional one year as 
required by 35 U.S.C. 156(d)(5)(B). Because it is apparent that the 
regulatory review period will continue beyond the extended expiration 
date of the patent (April 25, 2008), a fourth interim extension of the 
patent term under 35 U.S.C. 156(d)(5) is appropriate.
    A fourth interim extension under 35 U.S.C. 156(d)(5) of the term of 
U.S. Patent No. 4,650,787 is granted for a period of one year from the 
extended expiration date of the patent, i.e., until April 25, 2009.

    Dated: April 9, 2008.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
 [FR Doc. E8-8058 Filed 4-14-08; 8:45 am]

BILLING CODE 3510-16-P

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