82_FR_24408 82 FR 24307 - Grant of Interim Extension of the Term of U.S. Patent No. 5,912,231; LOCILEX® (pexiganan)

82 FR 24307 - Grant of Interim Extension of the Term of U.S. Patent No. 5,912,231; LOCILEX® (pexiganan)

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 82, Issue 101 (May 26, 2017)

Page Range24307-24307
FR Document2017-10964

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. 5,912,231.

Federal Register, Volume 82 Issue 101 (Friday, May 26, 2017)
[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Notices]
[Page 24307]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10964]


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DEPARTMENT OF COMMERCE

 Patent and Trademark Office

[Docket No.: PTO-P-2017-0023]


Grant of Interim Extension of the Term of U.S. Patent No. 
5,912,231; LOCILEX[supreg] (pexiganan)

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. 5,912,231.

FOR FURTHER INFORMATION CONTACT: Mary C. Till by telephone at (571) 
272-7755; by mail marked to her 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 her attention at (571) 273-
7755; 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 May 9, 2017, Scripps Research Institute, the patent owner of 
record, 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. 5,912,231. The 
patent claims a composition of the active ingredient pexiganan of the 
human drug product LOCILEX[supreg]. The application for patent term 
extension indicates that New Drug Application (NDA) 29-930 was 
submitted to the Food and Drug Administration (FDA) on July 24, 1998.
    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 extended expiration date of the 
patent, June 15, 2017, 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. 5,912,231 is granted for a period of one year from the 
extended expiration date of the patent.

    Dated: May 22, 2017.
Robert Bahr,
Deputy Commissioner for Patent Examination Policy, United States Patent 
and Trademark Office.
[FR Doc. 2017-10964 Filed 5-25-17; 8:45 am]
 BILLING CODE 3510-16-P



                                     Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Notices                                            24307

     New England Fishery Management                          SUMMARY:   The United States Patent and               DEPARTMENT OF COMMERCE
     Council; telephone: (978) 465–0492.                     Trademark Office has issued an order
     SUPPLEMENTARY INFORMATION:                              granting interim extension for a one-                 Patent and Trademark Office
                                                             year interim extension of the term of
     Agenda                                                  U.S. Patent No. 5,912,231.                            Submission for OMB Review;
        The Committee will review Plan                                                                             Comment Request; Trademark Trial
                                                             FOR FURTHER INFORMATION CONTACT:                      and Appeal Board (TTAB) Actions
     Development Team (PDT) analysis
                                                             Mary C. Till by telephone at (571) 272–
     regarding skate bait possession limits.                                                                         The United States Patent and
                                                             7755; by mail marked to her attention
     They will discuss and select preferred                                                                        Trademark Office (USPTO) will submit
                                                             and addressed to the Commissioner for
     alternatives for Framework 4 to the                                                                           to the Office of Management and Budget
     Skate Fishery Management Plan which                     Patents, Mail Stop Hatch-Waxman PTE,
                                                             P.O. Box 1450, Alexandria, VA 22313–                  (OMB) for clearance the following
     modifies skate bait possession limits                                                                         proposal for collection of information
     and associated measures. The                            1450; by fax marked to her attention at
                                                             (571) 273–7755; or by email to                        under the provisions of the Paperwork
     committee will also review and discuss                                                                        Reduction Act (44 U.S.C. Chapter 35).
     PDT analysis, to date, regarding the                    Mary.Till@uspto.gov.
                                                                                                                     Agency: United States Patent and
     upcoming specifications framework                       SUPPLEMENTARY INFORMATION:      Section               Trademark Office, Commerce
     which would set specifications for FYs                  156 of Title 35, United States Code,                    Title: Trademark Trial and Appeal
     2018 and 2019 and would remove the                      generally provides that the term of a                 Board (TTAB) Actions
     prohibition on landing barndoor skates.                 patent may be extended for a period of                  OMB Control Number: 0651–0040.
     Other business, as necessary.                           up to five years if the patent claims a                 Form Number(s):
        Although other non-emergency issues                  product, or a method of making or using
     not on the agenda may come before this                                                                        • PTO 2120
                                                             a product, that has been subject to                   • PTO 2151
     group for discussion, those issues may
     not be the subject of formal action
                                                             certain defined regulatory review, and                • PTO 2153
     during this meeting. Actions will be
                                                             that the patent may be extended for                   • PTO 2188
     restricted to those issues specifically
                                                             interim periods of up to one year if the              • PTO 2189
     listed in this notice and any issues
                                                             regulatory review is anticipated to                   • PTO 2190
                                                             extend beyond the expiration date of the                Type of Request: Revision of a
     arising after publication of this notice                patent.
     that require emergency action under                                                                           currently approved collection.
     § 305(c) of the Magnuson-Stevens                          On May 9, 2017, Scripps Research                      Number of Respondents: 78,000 per
     Fishery Conservation and Management                     Institute, the patent owner of record,                year.
     Act, provided the public has been                       timely filed an application under 35                    Average Hours per Response: Between
     notified of the Council’s intent to take                U.S.C. 156(d)(5) for a second interim                 10 minutes (0.17 hours) and 30 minutes
     final action to address the emergency.                  extension of the term of U.S. Patent No.              (0.5 hours) to gather the necessary
                                                             5,912,231. The patent claims a                        information, prepare the materials, and
     Special Accommodations                                  composition of the active ingredient                  to submit it to the USPTO, depending
       This meeting is physically accessible                 pexiganan of the human drug product                   upon the instrument used.
     to people with disabilities. This meeting               LOCILEX®. The application for patent                    Burden Hours: 15,997.67 hours.
     will be recorded. Consistent with 16                    term extension indicates that New Drug                  Cost Burden: $5,744,000.00.
     U.S.C. 1852, a copy of the recording is                 Application (NDA) 29–930 was                            Needs and Uses: This information is
     available upon request. Requests for                    submitted to the Food and Drug                        required by the Trademark Act of 1946,
     sign language interpretation or other                   Administration (FDA) on July 24, 1998.                Sections 13, 14, and 20, 15 U.S.C. 1063,
     auxiliary aids should be directed to                      Review of the patent term extension                 1064, and 1070, respectively. The
     Thomas A. Nies, Executive Director, at                  application indicates that, except for                information in this collection is a matter
     (978) 465–0492, at least 5 days prior to                permission to market or use the product               of public record and is used by the
     the meeting date.                                       commercially, the subject patent would                public for a variety of private business
        Authority: 16 U.S.C. 1801 et seq.                    be eligible for an extension of the patent            purposes related to establishing and
                                                             term under 35 U.S.C. 156, and that the                enforcing trademark rights. This
       Dated: May 22, 2017.                                                                                        information is important to the public,
                                                             patent should be extended for one year
     Tracey L. Thompson,                                     as required by 35 U.S.C. 156(d)(5)(B).                as both common law trademark owners
     Acting Deputy Director, Office of Sustainable           Because the regulatory review period                  and Federal trademark registrants must
     Fisheries, National Marine Fisheries Service.                                                                 actively protect their own rights. This
                                                             will continue beyond the extended
     [FR Doc. 2017–10778 Filed 5–25–17; 8:45 am]             expiration date of the patent, June 15,               collection includes the information
     BILLING CODE 3510–22–P                                  2017, interim extension of the patent                 needed by the USPTO to review the
                                                             term under 35 U.S.C. 156(d)(5) is                     various types of petitions to cancel the
                                                             appropriate.                                          registration of a mark, notices of
     DEPARTMENT OF COMMERCE                                                                                        opposition to the registration of a mark,
                                                               An interim extension under 35 U.S.C.
                                                             156(d)(5) of the term of U.S. Patent No.              extensions of time to file an opposition,
     Patent and Trademark Office                                                                                   appeals, and other papers filed in
                                                             5,912,231 is granted for a period of one
     [Docket No.: PTO–P–2017–0023]
                                                             year from the extended expiration date                connection with inter partes and ex
                                                             of the patent.                                        parte proceedings.
     Grant of Interim Extension of the Term                                                                          Affected Public: Businesses or other
     of U.S. Patent No. 5,912,231; LOCILEX®                    Dated: May 22, 2017.                                for-profits; not-for-profit institutions.
     (pexiganan)                                             Robert Bahr,                                            Frequency: On occasion.
     AGENCY: United States Patent and                        Deputy Commissioner for Patent Examination              Respondent’s Obligation: Required to
                                                             Policy, United States Patent and Trademark            Obtain or Retain Benefits.
     Trademark Office, Commerce.                             Office.                                                 OMB Desk Officer: Nicholas A. Fraser,
     ACTION: Notice of Interim patent term
                                                             [FR Doc. 2017–10964 Filed 5–25–17; 8:45 am]           email: Nicholas_A._Fraser@
     extension.
                                                             BILLING CODE 3510–16–P                                omb.eop.gov. Once submitted, the


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Document Created: 2017-05-26 02:23:31
Document Modified: 2017-05-26 02:23:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Interim patent term extension.
ContactMary C. Till by telephone at (571)
FR Citation82 FR 24307 

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