[Federal Register Volume 91, Number 43 (Thursday, March 5, 2026)]
[Notices]
[Pages 10797-10798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-04345]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No.: PTO-P-2026-0067]


Grant of Interim Extension of the Term of U.S. Patent No. 
9,724,499; V-WAVE[supreg] Ventura[supreg] Interatrial Shunt System

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 a one-year interim extension of the term of U.S. Patent 
No. 9,724,499 ('499 patent).

FOR FURTHER INFORMATION CONTACT: Raul Tamayo, Senior Legal Advisor, 
Office of Patent Legal Administration, at 571-272-7728 or 
[email protected].

SUPPLEMENTARY INFORMATION: 35 U.S.C. 156 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. 35 U.S.C. 
156(d)(5) generally provides that the term of such a patent may be 
extended for no more than five interim periods of up to one year each, 
if the approval phase of the regulatory review period (RRP) is 
reasonably expected to extend beyond the expiration date of the patent.
    On December 10, 2025, V-Wave Ltd., the owner of record of the '499 
patent, timely filed an application under 35 U.S.C. 156(d)(5) for a 
first interim extension of the term of the '499 patent. The '499 patent 
claims the medical device known by the tradename V-WAVE[supreg] 
Ventura[supreg] Interatrial Shunt System. The application indicates 
that a RRP as described in 35 U.S.C. 156(g)(3)(B)(ii) for the V-
WAVE[supreg] Ventura[supreg] Interatrial Shunt System medical device is 
ongoing before the Food and Drug Administration for permission to 
market and use the device commercially.
    Review of the application indicates that, except for permission to 
market or use the device commercially, the '499

[[Page 10798]]

patent would be eligible for an extension of its term under 35 U.S.C. 
156. Because it appears reasonable to expect that the RRP will continue 
beyond the original expiration date of the '499 patent, i.e., March 11, 
2026, interim extension of the patent's term under 35 U.S.C. 156(d)(5) 
is appropriate.
    A first interim extension under 35 U.S.C. 156(d)(5) of the term of 
U.S. Patent No. 9,724,499 is granted for a period of one year from the 
original expiration date of the patent.

Charles Kim,
Deputy Commissioner for Patents, United States Patent and Trademark 
Office.
[FR Doc. 2026-04345 Filed 3-4-26; 8:45 am]
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