[Federal Register Volume 59, Number 15 (Monday, January 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1560]


[[Page Unknown]]

[Federal Register: January 24, 1994]


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DEPARTMENT OF COMMERCE
Patent and Trademark Office

 

Grant of Certificate of Interim Extension of the Term of U.S. 
Patent No. 4,005,196; Olestra

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Notice of patent term extension.

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SUMMARY: The Patent and Trademark Office has issued a certificate under 
35 U.S.C. 156(d)(5) for a one-year interim extension of the term of 
U.S. Patent No. 4,005,196 that claims the food additive known as 
olestra.

FOR FURTHER INFORMATION CONTACT: Gerald A. Dost by telephone at (703) 
305-8813; or by mail marked to his attention and addressed to the 
Commissioner of Patents and Trademarks, Washington, D.C. 20231.

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. No. 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 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 January 7, 1994, Procter & Gamble Company, owner of record in 
the Patent and Trademark Office of U.S. Patent No. 4,005,196, filed an 
application for interim extension of the term of this patent under 35 
U.S.C. 156(d)(5). The application states that the patent claims a 
composition of matter comprising the food additive product olestra. The 
application indicates that the product is currently undergoing a 
regulatory review before the Food and Drug Administration for 
permission to market or use the product commercially. The original term 
of the patent is set to expire on January 25, 1994. Applicant requests 
an interim extension of the term of the patent for a period of one 
year.
    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. Since 
it is apparent that the regulatory review period may extend beyond the 
expiration of the original patent term, an 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. 4,005,196 has been granted for a period of one year from the 
original expiration date of the patent.

    Dated: January 14, 1994.
Michael K. Kirk,
Acting Assistant Secretary of Commerce and Acting Commissioner of 
Patents and Trademarks.
[FR Doc. 94-1560 Filed 1-21-94; 10:00 am]
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