Grant of Interim Extension of the Term of U.S. Patent No. 4,919,140; AndaraTM, 62767 [2010-25767]

Download as PDF Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices Dated: October 7, 2010. Robert W. Bahr, Acting Associate Commissioner for Patent Examination Policy, United States Patent and Trademark Office. [FR Doc. 2010–25768 Filed 10–12–10; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No. PTO–P–PTO–P–2010–0081] Grant of Interim Extension of the Term of U.S. Patent No. 4,919,140; AndaraTM OFSTM System United States Patent and Trademark Office. ACTION: Notice of interim patent term extension. AGENCY: The United States Patent and Trademark Office has issued an order granting interim extension under 35 U.S.C. 156(d)(5) for a third one-year interim extension of the term of U.S. Patent No. 4,919,140. 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. SUMMARY: 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 mstockstill on DSKH9S0YB1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 17:22 Oct 12, 2010 Jkt 223001 interim periods of up to one year if the regulatory review is anticipated to extend beyond the expiration date of the patent. On September 13, 2010, the patent owner, Purdue Research Foundation, 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. 4,919,140. The patent claims the medical device AndaraTM OFSTM System and a method of using the AndaraTM OFSTM System. The application indicates that a Humanitarian Device Exemption, HDE 070002, for the medical device AndaraTM OFSTM System 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 (October 14, 2010), 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. 4,919,140 is granted for a period of one year from the extended expiration date of the patent, i.e., until October 14, 2011. Dated: October 7, 2010. Robert W. Bahr, Acting Associate Commissioner for Patent Examination Policy, United States Patent and Trademark Office. DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal Nos. 10–53, 10–54, 10–55, 10– 59, 10–60, 10–61, and 10–63] 36(b)(1) Arms Sales Notifications Defense Security Cooperation Agency, DoD. AGENCY: ACTION: Notice. The Department of Defense is publishing the unclassified text of seven section 36(b)(1) arms sales notifications to fulfill the requirements of section 155 of Public Law 104–164, dated 21 July 1996. SUMMARY: Ms. B. English, DSCA/DBO/CFM, (703) 601– 3740. FOR FURTHER INFORMATION CONTACT: The following are copies of letters to the Speaker of the House of Representatives, Transmittals 10–53, 10–54, 10–55, 10– 59, 10–60, 10–61, and 10–63 with associated attachments. SUPPLEMENTARY INFORMATION: Dated: October 6, 2010. Mitchell S. Bryman, Alternate OSD Federal Register Liaison Officer, Department of Defense. Transmittal No. 10–53 The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 10–53 with attached transmittal and policy justification. BILLING CODE 5001–06–P [FR Doc. 2010–25767 Filed 10–12–10; 8:45 am] BILLING CODE 3510–16–P PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 62767 E:\FR\FM\13OCN1.SGM 13OCN1

Agencies

[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Notices]
[Page 62767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25767]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. PTO-P-PTO-P-2010-0081]


Grant of Interim Extension of the Term of U.S. Patent No. 
4,919,140; AndaraTM OFSTM System

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 third 
one-year interim extension of the term of U.S. Patent No. 4,919,140.

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 one year if the regulatory review is anticipated to 
extend beyond the expiration date of the patent.
    On September 13, 2010, the patent owner, Purdue Research 
Foundation, 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. 4,919,140. The 
patent claims the medical device AndaraTM OFSTM 
System and a method of using the AndaraTM OFSTM 
System. The application indicates that a Humanitarian Device Exemption, 
HDE 070002, for the medical device AndaraTM OFSTM 
System 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 (October 14, 2010), 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. 4,919,140 is granted for a period of one year from the 
extended expiration date of the patent, i.e., until October 14, 2011.

    Dated: October 7, 2010.
Robert W. Bahr,
Acting Associate Commissioner for Patent Examination Policy, United 
States Patent and Trademark Office.
[FR Doc. 2010-25767 Filed 10-12-10; 8:45 am]
BILLING CODE 3510-16-P