Grant of interim extension of the term of U.S. Patent No. 5,135,759; MicroSort® Sperm Separation Technology, 38585 [E9-18574]

Download as PDF Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices Initiation of Countervailing Duty Investigation, 74 FR 29670 (June 23, 2009). In that notice, the effective date was listed as June 16, 2009. The effective date should have read June 23, 2009, which was the date of publication of the notice of initiation. Dated: July 21, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–18594 Filed 8–3–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XP72 Endangered Species; File No. 1596–02 mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit modification. SUMMARY: Notice is hereby given that National Marine Fisheries Service Southwest Fisheries Science Center has been issued a modification to scientific research Permit No. 1596–01. ADDRESSES: The modification and related documents are available for review upon written request or by appointment in the following offices: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713–2289; fax (301)427–2521; Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802–4213; phone (562)980–4001; fax (562)980–4018. FOR FURTHER INFORMATION CONTACT: Patrick Opay (301)713–2289. SUPPLEMENTARY INFORMATION: On May 13, 2009, notice was published in the Federal Register (74 FR 22517) that a modification of Permit No. 1596–01 had been requested by the above-named organization. The requested modification has been granted under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222–226). The permit modification authorizes researchers to annually fat biopsy and ultrasound up to 38 leatherback sea turtles as part of a health and nutritional assessment of this species. It also VerDate Nov<24>2008 17:11 Aug 03, 2009 Jkt 217001 provides authority to close approach and attach VHR/TDR/sonic tag/GPS/ video camera units by suction cup on up to 20 leatherback sea turtles annually, and to later capture the same animals to remove the unit and then sample, tag, and attach another VHR/ TDR/sonic tag/GPS/video camera unit to the animals before release. Additionally, the permit modification authorizes researchers to annually attach a VHR/ TDR/sonic tag/GPS unit and tissue sample 20 leatherback sea turtles using a biopsy pole. The permit currently authorizes researchers to attach the unit or tissue sample 20 animals, not both. The number of leatherback sea turtles captured does not increase under the modification, but the mix of activities conducted on each animal does. The research may continue to occur in waters off the coast of the western United States through February 1, 2012. Issuance of this modification, as required by the ESA was based on a finding that such permit (1) was applied for in good faith, (2) will not operate to the disadvantage of such endangered or threatened species, and (3) is consistent with the purposes and policies set forth in section 2 of the ESA. Dated: July 29, 2009. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E9–18585 Filed 8–3–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No. PTO–P–2009–0028] Grant of interim extension of the term of U.S. Patent No. 5,135,759; MicroSort® Sperm Separation Technology AGENCY: United States Patent and Trademark Office. ACTION: Notice of Interim Patent Term Extension. 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 one-year interim extension of the term of U.S. Patent No. 5,135,759. 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– PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 38585 1450; by fax marked to her attention at (571) 273–7755, or by e-mail to Mary.Till@uspto.gov. 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 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 June 8, 2009, the patent owner, the United States of America, as represented by the Secretary of Agriculture, timely filed an application under 35 U.S.C. 156(d)(5) for an interim extension of the term of U.S. Patent No. 5,135,759. The patent claims the use of the medical device, MicroSort® Sperm Separation Technology. The application indicates, and the Food and Drug Administration has confirmed, that a Premarket Approval application (P090004) for the medical device, MicroSort® Sperm Separation Technology, has been filed by the licensee of the patent owner, Genetics & IVF Institute, 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 original expiration date of the patent (August 4, 2009), an interim extension of the patent term under 35 U.S.C. 156(d)(5) is appropriate. An interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. Patent No. 5,135,759 is granted for a period of one year from the original expiration date of the patent, i.e., until August 4, 2010. SUPPLEMENTARY INFORMATION: Dated: July 28, 2009. John J. Doll, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office. [FR Doc. E9–18574 Filed 8–3–09; 8:45 am] BILLING CODE 3510–16–P E:\FR\FM\04AUN1.SGM 04AUN1

Agencies

[Federal Register Volume 74, Number 148 (Tuesday, August 4, 2009)]
[Notices]
[Page 38585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18574]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. PTO-P-2009-0028]


Grant of interim extension of the term of U.S. Patent No. 
5,135,759; MicroSort[supreg] Sperm Separation Technology

AGENCY: United States Patent and Trademark Office.

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 one-
year interim extension of the term of U.S. Patent No. 5,135,759.

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 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 June 8, 2009, the patent owner, the United States of America, as 
represented by the Secretary of Agriculture, timely filed an 
application under 35 U.S.C. 156(d)(5) for an interim extension of the 
term of U.S. Patent No. 5,135,759. The patent claims the use of the 
medical device, MicroSort[reg] Sperm Separation Technology. The 
application indicates, and the Food and Drug Administration has 
confirmed, that a Premarket Approval application (P090004) for the 
medical device, MicroSort[reg] Sperm Separation Technology, has been 
filed by the licensee of the patent owner, Genetics & IVF Institute, 
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 original expiration 
date of the patent (August 4, 2009), an interim extension of the patent 
term under 35 U.S.C. 156(d)(5) is appropriate.
    An interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. 
Patent No. 5,135,759 is granted for a period of one year from the 
original expiration date of the patent, i.e., until August 4, 2010.

    Dated: July 28, 2009.
John J. Doll,
Acting Under Secretary of Commerce for Intellectual Property and Acting 
Director of the United States Patent and Trademark Office.
[FR Doc. E9-18574 Filed 8-3-09; 8:45 am]
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