[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Notices]
[Pages 62766-62767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25768]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2010-0079]
Grant of Interim Extension of the Term of U.S. Patent No.
5,407,914; SURFAXIN[supreg] (Lucinactant)
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 second
one-year interim extension of the term of U.S. Patent No. 5,407,914.
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 22, 2010, Discovery Laboratories Inc., on behalf of
patent owner Scripps Research Institute, timely filed an application
under 35 U.S.C. 156(d)(5) for an additional interim extension of the
term of U.S. Patent No. 5,407,914. The patent claims the human drug
product, SURFAXIN[supreg] (lucinactant) and a method of using
SURFAXIN[supreg] (lucinactant). The application indicates that a New
Drug Application, NDA No. 21-746, for the human drug product
SURFAXIN[supreg] (lucinactant) 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, November 17, 2010, 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. 5,407,914 is granted for a period of one additional year
from the extended expiration date of the patent, i.e., until November
17, 2011.
[[Page 62767]]
Dated: October 7, 2010.
Robert W. Bahr,
Acting Associate Commissioner for Patent Examination Policy, United
States Patent and Trademark Office.
[FR Doc. 2010-25768 Filed 10-12-10; 8:45 am]
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