[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Notices]
[Page 34897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9494]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-P-2006-0019]


Grant of Interim Extension of the Term of U.S. Patent No. 
4,850,962; Esteem (Totally Implantable Hearing System)

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 one-year interim extension 
of the term of U.S. Patent No. 4,850,962.

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 March 31, 2006, patent owner, Envoy Medical Corporation, timely 
filed an application under 35 U.S.C. 156(d)(5) for an interim extension 
of the term of U.S. Patent No. 4,850,962. The patent claims the medical 
device Esteem (totally implantable hearing system). The application 
indicates that an Investigational Device Exemption for the medical 
device Esteem 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 original expiration date of the patent 
(July 25, 2006), interim extension of the patent term under 35 U.S.C. 
156(d)(5) is appropriate.
    An interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. 
Patent No. 4,850,962 is granted for a period of one year from the 
original expiration date of the patent, i.e., until July 25, 2007.

    Dated: June 12, 2006.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property andDirector of 
the United States Patent and Trademark Office.
 [FR Doc. E6-9494 Filed 6-15-06; 8:45 am]
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