[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Page 14149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04661]



[[Page 14149]]

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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. PTO-P-2023-0007]


Grant of Interim Extension of the Term of U.S. Patent No. 
6,929,639--POLARX[supreg] (Cryoablation Balloon Catheter)

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 
certificate under 35 U.S.C. 156(d)(5) for a one-year interim extension 
of the term of U.S. Patent No. 6,929,639.

FOR FURTHER INFORMATION CONTACT: Andrea Grossman, Legal Advisor 
(telephone (571) 270-3314; email [email protected]) or Kathleen 
Kahler Fonda, Senior Legal Advisor (telephone (571) 272-7754; email 
[email protected]). Alternatively, mail may be addressed to 
Commissioner for Patents, Mail Stop Hatch-Waxman PTE, P.O. Box 1450, 
Alexandria, VA, 22313-1450, and marked to the attention of Ms. Grossman 
or Ms. Fonda.

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 10, 2023, Boston Scientific Scimed, Inc., 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. 6,929,639. The 
patent claims a cryoablation balloon catheter, POLARX[supreg]. The 
application for patent term extension indicates that Premarket Approval 
Application P220032 was submitted to the Food and Drug Administration 
on December 20, 2022.
    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, March 16, 2023, 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. 6,929,639 is granted for a period of one year from the 
original expiration date of the patent.

Robert Bahr,
Deputy Commissioner for Patents, United States Patent and Trademark 
Office.
[FR Doc. 2023-04661 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-16-P