[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Notices]
[Page 59008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23327]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No.: PTO-P-2013-0047]


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 a 
second 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 August 21, 2013, the Regents of the University of California 
timely filed an application under 35 U.S.C. 156(d)(5) for a second 
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 extended expiration date of the patent, 
October 3, 2013, 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 
extended expiration date of the patent.

    Dated: September 20, 2013.
Andrew Hirshfeld,
Deputy Commissioner for Patent Examination Policy, United States Patent 
and Trademark Office.
[FR Doc. 2013-23327 Filed 9-24-13; 8:45 am]
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