Grant of Interim Extension of the Term of U.S. Patent No. 4,971,802; MIFAMURTIDE, 58003 [E9-26998]

Download as PDF Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices Site 3, Port of Albany, expanding the site from 35 acres to 277 acres. The applicant has requested that Site 4, Crossroads Industrial Park be removed from FTZ 121. The applicant is also requesting approval of the following additional ‘‘magnet sites’’: Site 5, 281 acres, Saratoga Technology + Energy Park, 10 Hermes Road, Malta, NY 12020; Site 6, 1192 acres, Luther Forest Technology Campus, 40 Rocket Test Station Road, Malta, NY 12020; Site 7, 133 acres, Florida Business Park Extension, State Highway 5S, Amsterdam, NY 12010. The applicant proposes that Site 6 be subject to a seven-year ‘‘sunset’’ time limit, instead of the standard five-year ‘‘sunset’’ time limit that would otherwise apply to magnet sites under the ASF. In accordance with the Board’s regulations, Maureen Hinman of the FTZ staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board’s Executive Secretary at the address listed below. The closing period for their receipt is January 11, 2010. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to January 25, 2010) A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via http:// www.trade.gov/ftz. For further information, contact Maureen Hinman at maureen.hinman@trade.gov or (202) 482–0627. Dated: November 3, 2009. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. E9–27094 Filed 11–9–09; 8:45 am] srobinson on DSKHWCL6B1PROD with NOTICES BILLING CODE 3510–DS–P VerDate Nov<24>2008 16:45 Nov 09, 2009 Jkt 220001 DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No. PTO–P–2009–0048] Grant of Interim Extension of the Term of U.S. Patent No. 4,971,802; MIFAMURTIDE AGENCY: United States Patent and Trademark Office. ACTION: Notice of interim patent term extension. SUMMARY: The United States Patent and Trademark Office has issued a certificate under 35 U.S.C. 156(d)(5) for a third one-year interim extension of the term of U.S. Patent No. 4,971,802. FOR FURTHER INFORMATION CONTACT: Raul Tamayo by telephone at (571) 272–7728; by mail marked to his 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 his attention at (571) 273–7728, or by e-mail to Raul.Tamayo@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 September 30, 2009, IDM Pharma, agent/licensee of patent owner Novartis, timely filed an application under 35 U.S.C. 156(d)(5) for a third interim extension of the term of U.S. Patent No. 4,971,802. Claims of the patent cover muramyl tripeptide phosphatidyl ethanolamine, which is labeled as the active ingredient in the human drug product Mifamurtide. The application indicates, and the Food and Drug Administration has confirmed, that a New Drug Application for the human drug product Mifamurtide 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 year as required by 35 U.S.C. 156(d)(5)(B). SUPPLEMENTARY INFORMATION: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 58003 Because it is apparent that the regulatory review period will continue beyond the extended expiration date of the patent (November 20, 2009), interim extension of the patent term under 35 U.S.C. 156(d)(5) is appropriate. A third interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. Patent No. 4,971,802 is granted for a period of one year from the extended expiration date of the patent, i.e., until November 20, 2010. Dated: October 30, 2009. David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. E9–26998 Filed 11–9–09; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE Bureau of Industry and Security [Docket No. 0910271381–91382–01] Impact of Implementation of the Chemical Weapons Convention on Commercial Activities Involving ‘‘Schedule 1’’ Chemicals Through Calendar Year 2009 AGENCY: Bureau of Industry and Security, Commerce. ACTION: Notice of inquiry. SUMMARY: The Bureau of Industry and Security (BIS) is seeking public comments on the impact that implementation of the Chemical Weapons Convention, through the Chemical Weapons Convention Implementation Act and the Chemical Weapons Convention Regulations, has had on commercial activities involving ‘‘Schedule 1’’ chemicals during calendar year 2009. The purpose of this notice of inquiry is to collect information to assist BIS in its preparation of the annual certification to the Congress, which is required under Condition 9 of Senate Resolution 75, April 24, 1997, in which the Senate gave its advice and consent to the ratification of the Chemical Weapons Convention. DATES: Comments must be received by December 10, 2009. ADDRESSES: You may submit comments by any of the following methods: • E-mail: wfisher@bis.doc.gov. Include the phrase ‘‘Schedule 1 Notice of Inquiry’’ in the subject line; • Fax: (202) 482–3355 (Attn: Willard Fisher); • Mail or Hand Delivery/Courier: Willard Fisher, U.S. Department of Commerce, Bureau of Industry and Security, Regulatory Policy Division, E:\FR\FM\10NON1.SGM 10NON1

Agencies

[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Notices]
[Page 58003]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26998]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. PTO-P-2009-0048]


Grant of Interim Extension of the Term of U.S. Patent No. 
4,971,802; MIFAMURTIDE

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 a 
certificate under 35 U.S.C. 156(d)(5) for a third one-year interim 
extension of the term of U.S. Patent No. 4,971,802.

FOR FURTHER INFORMATION CONTACT: Raul Tamayo by telephone at (571) 272-
7728; by mail marked to his 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 his attention at (571) 273-7728, or by e-
mail to Raul.Tamayo@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 September 30, 2009, IDM Pharma, agent/licensee of patent owner 
Novartis, timely filed an application under 35 U.S.C. 156(d)(5) for a 
third interim extension of the term of U.S. Patent No. 4,971,802. 
Claims of the patent cover muramyl tripeptide phosphatidyl 
ethanolamine, which is labeled as the active ingredient in the human 
drug product Mifamurtide. The application indicates, and the Food and 
Drug Administration has confirmed, that a New Drug Application for the 
human drug product Mifamurtide 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 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 (November 20, 2009), interim extension of the patent term under 
35 U.S.C. 156(d)(5) is appropriate.
    A third interim extension under 35 U.S.C. 156(d)(5) of the term of 
U.S. Patent No. 4,971,802 is granted for a period of one year from the 
extended expiration date of the patent, i.e., until November 20, 2010.

    Dated: October 30, 2009.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. E9-26998 Filed 11-9-09; 8:45 am]
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