[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Notices]
[Page 62767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25767]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. PTO-P-PTO-P-2010-0081]


Grant of Interim Extension of the Term of U.S. Patent No. 
4,919,140; AndaraTM OFSTM System

AGENCY: United States Patent and Trademark Office.

ACTION: Notice of interim patent term extension.

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SUMMARY: The United States Patent and Trademark Office has issued an 
order granting interim extension under 35 U.S.C. 156(d)(5) for a third 
one-year interim extension of the term of U.S. Patent No. 4,919,140.

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 one year if the regulatory review is anticipated to 
extend beyond the expiration date of the patent.
    On September 13, 2010, the patent owner, Purdue Research 
Foundation, 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. 4,919,140. The 
patent claims the medical device AndaraTM OFSTM 
System and a method of using the AndaraTM OFSTM 
System. The application indicates that a Humanitarian Device Exemption, 
HDE 070002, for the medical device AndaraTM OFSTM 
System 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 (October 14, 2010), 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. 4,919,140 is granted for a period of one year from the 
extended expiration date of the patent, i.e., until October 14, 2011.

    Dated: October 7, 2010.
Robert W. Bahr,
Acting Associate Commissioner for Patent Examination Policy, United 
States Patent and Trademark Office.
[FR Doc. 2010-25767 Filed 10-12-10; 8:45 am]
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