[Federal Register Volume 86, Number 32 (Friday, February 19, 2021)]
[Notices]
[Page 10251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03427]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No.: PTO-P-2021-0009]


Grant of Interim Extension of the Term of U.S. Patent No. 
7,534,790; Vernakalant Hydrochloride

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 for a one-year interim extension of 
the term of U.S. Patent No. 7,534,790.

FOR FURTHER INFORMATION CONTACT: Raul Tamayo by telephone at 571-272-
7728; by mail marked to his 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 his attention at 571-273-7728; 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 February 9, 2021, 
Correvio International S[agrave]rl, the patent owner of record, 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. 7,534,790. The patent claims 
the human drug product vernakalant hydrochloride. The application for 
patent term extension indicates that New Drug Application (NDA) 22-034 
was submitted to the Food and Drug Administration (FDA) on December 19, 
2006.
    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 twice-extended expiration date 
of the patent, March 31, 2021, 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. 7,534,790 is granted for a period of one year from the 
extended expiration date of the patent.

Robert Bahr,
Deputy Commissioner for Patent Examination Policy, United States Patent 
and Trademark Office.
[FR Doc. 2021-03427 Filed 2-18-21; 8:45 am]
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