[Federal Register Volume 60, Number 14 (Monday, January 23, 1995)]
[Notices]
[Page 4402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1603]



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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. Re. 34,617 of U.S. Patent No. 4,005,196; Olestra

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Notice of Interim Patent Term Extension.

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SUMMARY: The Patent and Trademark Office has issued a certificate under 
35 U.S.C. Sec. 156(d)(5) for a second one-year interim extension of the 
term of U.S. Patent No. Re. 34,617 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) 305-9285; or by mail addressed to 
the Commissioner of Patents and Trademarks, Washington, D.C. 20231 
marked to the attention of Gerald A. Dost, Special Program Examiner, 
Office of the Deputy Assistant Commissioner for Patent Policy and 
Projects.

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. The owner of 
record of the patent or its agent may apply for a subsequent one-year 
interim extension.
    On January 7, 1994, The Procter & Gamble Company, owner of record 
in the Patent and Trademark Office of U.S. Patent No. Re. 34,617 of 
U.S. Patent No. 4,005,196, filed an application for interim extension 
of the term of the patent under 35 U.S.C. Sec. 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 expired on 
January 25, 1994. On January 14, 1994, a first one-year interim 
extension was granted under 35 U.S.C. Sec. 156(d)(5). The extended term 
of the patent expires on January 25, 1995. On December 1, 1994, 
applicant requested a second one-year interim extension of the term of 
the patent.
    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. Sec. 156. 
Since it is apparent that the regulatory review period may extend 
beyond the expiration of the first one-year interim extension of the 
original patent term, a second one-year interim extension of the patent 
term under 35 U.S.C. Sec. 156(d)(5) is appropriate. Accordingly, a 
second one-year interim extension under 35 U.S.C. Sec. 156(d)(5) of the 
term of U.S. Patent No. Re. 34,617 of U.S. Patent No. 4,005,196 has 
been granted from the expiration of the first one-year interim 
extension of the original expiration date of the patent.

    Dated: January 17, 1995.
Bruce A. Lehman,
Assistant Secretary of Commerce and Commissioner of Patents and 
Trademarks.
[FR Doc. 95-1603 Filed 1-20-95; 8:45 am]
BILLING CODE 3510-16-M