[Federal Register: November 2, 1998 (Volume 63, Number 211)]
[Notices]               
[Page 58711-58712]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no98-49]

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DEPARTMENT OF COMMERCE

Patent and Trademark Office

 
Grant of Interim Extension of the term of U.S. Patent No. 
4,291,708; T-SCAN<SUP>TM</SUP>.

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Notice of term extension.

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SUMMARY: The Patent and Trademark Office has granted an interim 
extension under 35 U.S.C. 156(d)(5) for one year of the term of U.S. 
Patent No. 4,291,708 that claims the medical device ``T-
SCAN<SUP>TM</SUP>.''

FOR INFORMATION CONTACT:
Karin L. Tyson by telephone at (703) 305-9285; by mail marked to her 
attention and addressed to the Assistant Commissioner for Patents, Box 
DAC, Washington, DC 20231; by fax marked to her attention at (703) 308-
6916, or by e-mail at karin.tyson@uspto.gov.

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 5 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. Under section 156, a patent is eligible for term 
extension only if regulatory review of the claimed product was 
completed before the original patent term expired.
    On December 3, 1993, section 156 was amended by Pub. L. 103-179 to 
provide that if the owner of record of the patent or its agent 
reasonably expects the applicable regulatory review period to extend 
beyond the expiration of the patent, the owner or its agent may submit 
an application to the Commissioner of Patents and Trademarks for an 
interim extension of the patent term. If the Commissioner determines 
that, except for receipt of permission to market or use the product 
commercially, the patent would be eligible for a statutory extension of 
the patent term, the Commissioner shall issue to the applicant a 
certificate of interim extension for a period of not more than one 
year.
    On September 4, 1998, patent owner Yeda Research & Development Co., 
filed an application under 35 U.S.C. 156(d)(5) for interim extension of 
the term of U.S. Patent No. 4,291,708. The patent claims the method of 
use of the medical device ``T-SCAN<SUP>TM</SUP>.'' The application 
indicates, and the Food and Drug Administration (FDA) has confirmed, 
that the medical device is currently undergoing a regulatory review 
before

[[Page 58712]]

the FDA for permission to market or use the product commercially. The 
original term of the patent is due to expire on November 2, 1998. 
Applicant requests an interim extension of one year.
    Review of the application indicates that except for receipt of 
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. Since it is apparent that the regulatory review period may 
extend beyond the date of expiration of the patent, interim extension 
of the patent term under 35 U.S.C 156(d)(5) is appropriate. 
Accordingly, an interim extension under 35 U.S.C. 156(d)(5) of the term 
of U.S. Patent No. 4,291,708 has been granted for a period of one year 
from the original expiration date of the patent.

    Dated: October 26, 1998.
Bruce A. Lehman,
Assistant Secretary of Commerce and Commissioner of Patents and 
Trademarks.
[FR Doc. 98-29253 Filed 10-30-98; 8:45 am]
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