[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Notices]
[Page 61579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24856]
[[Page 61579]]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2012-0039]
Grant of Interim Extension of the Term of U.S. Patent No.
5,454,779; ResQPump[supreg]/ResQPOD[supreg] ITD
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 an
order granting interim extension under 35 U.S.C. 156(d)(5) for a one-
year interim extension of the term of U.S. Patent No. 5,454,779.
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 email 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 6, 2012, the Regents of the University of California
timely filed an application under 35 U.S.C. 156(d)(5) for an interim
extension of the term of U.S. Patent No. 5,454,779. The patent claims
the medical device, ResQPump[supreg] in connection with the
ResQPOD[supreg] ITD. The application indicates that a Premarket
Approval Application, PMA No. P110024, for the medical device 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,
October 3, 2012, 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. 5,454,779 is granted for a period of one year from the
original expiration date of the patent.
Dated: September 27, 2012.
Andrew Hirshfeld,
Deputy Commissioner for Patent Examination Policy, United States Patent
and Trademark Office.
[FR Doc. 2012-24856 Filed 10-9-12; 8:45 am]
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