[Federal Register Volume 84, Number 198 (Friday, October 11, 2019)]
[Notices]
[Pages 54893-54894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22329]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-P-2019-0037]


Grant of Interim Extension of the Term of U.S. Patent No. 
6,406,699-ECI[supreg] (ELIAS Cancer Immunotherapy)

AGENCY: United States Patent and Trademark Office, Department of 
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 for a one-year interim extension of 
the term of U.S. Patent No. 6,406,699.

[[Page 54894]]


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 23, 2019, TVAX Biomedical I, LLC, the patent owner of 
record, timely filed an application under 35 U.S.C. 156(d)(5) for an 
interim extension of the term of U.S. Patent No. 6,406,699. The patent 
claims a method of using a veterinary biological product in the cancer 
immunotherapy treatment ECI[supreg] (ELIAS Cancer Immunotherapy), which 
is the subject of a request for licensure from the United States 
Department of Agriculture, Center for Veterinary Biologics. The 
application for patent term extension indicates that PCN 96A7.50 is a 
product license that was assigned to the request for license from TVAX 
Biomedical I, LLC on November 7, 2017.
    Review of the patent term extension 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 the regulatory 
review period will continue beyond the original expiration date of the 
patent, October 5, 2019, 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. 6,604,699 is granted for a period of one year from the 
original expiration date of the patent.

Robert Bahr,
Deputy Commissioner for Patent Examination Policy, United States Patent 
and Trademark Office.
[FR Doc. 2019-22329 Filed 10-10-19; 8:45 am]
 BILLING CODE 3510-16-P