[Federal Register Volume 70, Number 107 (Monday, June 6, 2005)]
[Notices]
[Pages 32760-32761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11175]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. 2005-P-063]


Grant of Interim Extension of the Term of U.S. Patent No. 
4,591,585; Atamestane

AGENCY: United States Patent and Trademark Office.

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 second one-year interim 
extension of the term of U.S. Patent No. 4,591,585.

FOR FURTHER INFORMATION CONTACT: Karin Ferriter by telephone at (571) 
272-7744; by mail marked to her attention and addressed to the 
Commissioner for Patents, Mail Stop

[[Page 32761]]

Patent Ext., P.O. Box 1450, Alexandria, VA 22313-1450; by fax marked to 
her attention at (571) 273-7744; or by e-mail 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 a year if the regulatory review is anticipated to 
extend beyond the expiration date of the patent.
    On May 4, 2005, Intarcia Therapeutics, Inc., on behalf of patent 
owner Schering Aktiengesellschaft, timely filed an application under 35 
U.S.C. 156(d)(5) for a second interim extension of the term of U.S. 
Patent No. 4,591,585. The patent claims the product atamestane. The 
application indicates that a New Drug Application for the human drug 
product atamestane has been filed and is currently undergoing 
regulatory review before the Food and Drug Administration for 
permission to market or use the product commercially.
    Review of the 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 an additional period of one year 
as required by 35 U.S.C. 156(d)(5)(C). Since it is apparent that the 
regulatory review period will continue beyond the extended expiration 
date of the patent (June 18, 2005), 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. 4,591,585 is granted for a period of one year from the 
expiration date of the patent, i.e., until June 18, 2006.

    Dated: May 26, 2005.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 05-11175 Filed 6-3-05; 8:45 am]
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