[Federal Register Volume 72, Number 68 (Tuesday, April 10, 2007)]
[Notices]
[Page 17877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6698]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-P-2007-0014]


Grant of Interim Extension of the Term of U.S. Patent No. 
4,650,787; Sanvar[reg]

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. 4,650,787.

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 [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 23, 2007, Debiovision Inc., the exclusive agent of 
Debiopharm S.A. and Debio Recherche Pharmaceutique S.A., who is the 
exclusive licensee of the Administrators of the Tulane Educational Fund 
of New Orleans, Louisiana, the patent owner, 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. 4,650,787. The patent claims the human drug 
product Sanvar[reg] (vapreotide acetate). The application indicates 
that a New Drug Application for the human drug product Sanvar[reg] 
(vapreotide acetate) 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 (April 25, 2007), a third 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. 4,650,787 is granted for a period of one year from the 
extended expiration date of the patent, i.e., until April 25, 2008.

    Dated: April 3, 2007.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. E7-6698 Filed 4-9-07; 8:45 am]
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