[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Notices]
[Pages 34896-34897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9489]


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DEPARTMENT OF COMMERCE

 Patent and Trademark Office

[Docket No. PTO-P-2006-0032]


Grant of Interim Extension of the Term of U.S. Patent No. 
4,591,585; atamestane

AGENCY: United States Patent and Trademark Office, Commerce.

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. 4,591,585.

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 Patent Ext., P.O. Box 1450, 
Alexandria, VA 22313-1450; by fax marked to her attention at (571) 273-
7755, or by e-mail to [email protected].

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 May 9, 2006, Intarcia Therapeutics, Inc., exclusive licensee of 
U.S. Patent No. 4,591,585, assigned to Schering Aktiengesellschaft, 
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. 4,591,585. The patent 
claims the human drug product atamestane. The application indicates 
that a New Drug Application for the human drug product atamestane 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 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 
(June 18, 2006), interim extension of the

[[Page 34897]]

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. 4,591,585 is granted for a period of one year from the 
expiration date of the patent, i.e., until June 18, 2007.

    Dated: June 12, 2006.
Jon W. Dudas
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. E6-9489 Filed 6-15-06; 8:45 am]
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