82 FR 44391 - Grant of Interim Extension of the Term of U.S. Patent No. 6,100,082; OCSTM

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 82, Issue 183 (September 22, 2017)

Page Range		44391-44391
FR Document		2017-20272

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. 6,100,082.

Federal Register, Volume 82 Issue 183 (Friday, September 22, 2017)

[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Page 44391]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20272]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-P-2017-0038]


Grant of Interim Extension of the Term of U.S. Patent No. 
6,100,082; OCS^TM Lung System

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 a one-year interim extension of the term of U.S. Patent 
No. 6,100,082.

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 September 6, 2017, TransMedics, Inc, an exclusive licensee of 
the patent owner of record, the Department of Veterans Affairs, timely 
filed an application under 35 U.S.C. 156(d)(5) for an interim extension 
of the term of U.S. Patent No. 6,100,082. The patent claims the medical 
device product, the OCS Lung System. The application for patent term 
extension indicates that a Premarket Approval Application (PMA) P160013 
was submitted to the Food and Drug Administration (FDA) on April 28, 
2016.
    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, September 23, 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. 6,100,082 is granted for a period of one year from the 
original expiration date of the patent.

    Dated: September 14, 2017.
Robert Bahr,
Deputy Commissioner for Patent Examination Policy, United States Patent 
and Trademark Office.
[FR Doc. 2017-20272 Filed 9-21-17; 8:45 am]
 BILLING CODE 3510-16-P

Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices 44391

returning the halibut to the water Public Comments application under 35 U.S.C. 156(d)(5)
without further delay. Interested persons may comment on for an interim extension of the term of
All stages of the sampling process the application at the October 2017 U.S. Patent No. 6,100,082. The patent
with the exception of (e), above, would Council meeting during public claims the medical device product, the
be conducted by a member of the fishing testimony or until October 10, 2017. OCS Lung System. The application for
vessel’s crew. Viability assignments Information regarding the meeting is patent term extension indicates that a
would be conducted by the NMFS- available at the Council’s Web site at Premarket Approval Application (PMA)
trained fishery observer on the vessel. http://www.npfmc.org. Copies of the P160013 was submitted to the Food and
The sampling process is expected to application and categorical exclusion Drug Administration (FDA) on April 28,
require less than 2 minutes and have no are available for review from NMFS (see 2016.
impact on the probability of survival of ADDRESSES). Comments also may be
Review of the patent term extension
the sampled fish. The sampling protocol submitted directly to NMFS (see application indicates that, except for
outlined above is quicker and less ADDRESSES) by the end of the comment
permission to market or use the product
obtrusive than any of the protocols used period (see DATES). commercially, the subject patent would
by the IPHC for halibut tag-and-release be eligible for an extension of the patent
Authority: 16 U.S.C. 1801 et seq. term under 35 U.S.C. 156, and that the
that have been shown to yield excellent
survival of the handled individuals. Dated: September 18, 2017. patent should be extended for one year
Emily H. Menashes, as required by 35 U.S.C. 156(d)(5)(B).
Halibut is a prohibited species in the
Acting Director, Office of Sustainable Because the regulatory review period
groundfish fishery, requiring immediate
Fisheries, National Marine Fisheries Service. will continue beyond the original
return to the sea with a minimum of
[FR Doc. 2017–20186 Filed 9–21–17; 8:45 am] expiration date of the patent, September
injury. This proposed action would
23, 2017, interim extension of the patent
exempt the participating vessel from the BILLING CODE 3510–22–P
term under 35 U.S.C. 156(d)(5) is
requirement to return all prohibited
appropriate.
species, or parts thereof, to the sea An interim extension under 35 U.S.C.
immediately, with a minimum of injury, DEPARTMENT OF COMMERCE
156(d)(5) of the term of U.S. Patent No.
regardless of its condition at 6,100,082 is granted for a period of one
Patent and Trademark Office
§ 679.21(b)(2)(ii). Under the EFP, the year from the original expiration date of
participating vessel would be limited to [Docket No. PTO–P–2017–0038]
the patent.
its groundfish allocations under the
2018 harvest specifications. No Grant of Interim Extension of the Term Dated: September 14, 2017.
additional target or prohibited species of U.S. Patent No. 6,100,082; OCSTM Robert Bahr,
catch (PSC) amounts beyond those Lung System Deputy Commissioner for Patent Examination
authorized through regulation would be Policy, United States Patent and Trademark
AGENCY: United States Patent and Office.
needed for this EFP; all groundfish Trademark Office, Commerce.
catch will accrue against the Pacific cod [FR Doc. 2017–20272 Filed 9–21–17; 8:45 am]
ACTION: Notice of interim patent term
sector’s catch and PSC allowances. EFP- BILLING CODE 3510–16–P
authorized fishing activities would not extension.
be expected to change the nature or SUMMARY: The United States Patent and
duration of the Pacific cod hook-and- Trademark Office has issued an order COMMITTEE FOR PURCHASE FROM
line fishery or the amount or species of granting a one-year interim extension of PEOPLE WHO ARE BLIND OR
fish caught by the participating vessel. the term of U.S. Patent No. 6,100,082. SEVERELY DISABLED
In 2018, the IPHC would be required FOR FURTHER INFORMATION CONTACT:
to submit to NMFS a report of the EFP Procurement List; Proposed Additions
Mary C. Till by telephone at (571) 272– and Deletions
results after EFP experimental fishing 7755; by mail marked to her attention
has ended in 2018. The report would and addressed to the Commissioner for AGENCY: Committee for Purchase From
include: The number of halibut sampled Patents, Mail Stop Hatch-Waxman PTE, People Who Are Blind or Severely
and their recorded lengths. P.O. Box 1450, Alexandria, VA 22313– Disabled.
The fieldwork that would be 1450; by fax marked to her attention at ACTION: Proposed addition to and
conducted under this EFP is not (571) 273–7755; or by email to deletions from the Procurement List.
expected to have a significant impact on Mary.Till@uspto.gov.
the human environment as detailed in SUMMARY: The Committee is proposing
SUPPLEMENTARY INFORMATION: Section
the categorical exclusion prepared for to add a service to the Procurement List
156 of Title 35, United States Code,
this action (see ADDRESSES). that will be furnished by nonprofit
generally provides that the term of a
agencies employing persons who are
In accordance with § 679.6, NMFS has patent may be extended for a period of
blind or have other severe disabilities,
determined that the application up to five years if the patent claims a
and deletes products and services
warrants further consideration and has product, or a method of making or using
previously furnished by such agencies.
forwarded the application to the a product, that has been subject to
Council to initiate consultation. The certain defined regulatory review, and DATES: Comments must be received on
Council is scheduled to consider the that the patent may be extended for or before October 22, 2017.
EFP application during its October 2017 interim periods of up to one year if the ADDRESSES: Committee for Purchase
meeting, which will be held in regulatory review is anticipated to From People Who Are Blind or Severely
Anchorage, AK. The EFP application extend beyond the expiration date of the Disabled, 1401 S. Clark Street, Suite
will also be provided to the Council’s patent. 715, Arlington, Virginia 22202–4149.
Scientific and Statistical Committee for On September 6, 2017, TransMedics, FOR FURTHER INFORMATION CONTACT: For
review at the October Council meeting. Inc, an exclusive licensee of the patent further information or to submit
The applicant has been invited to owner of record, the Department of comments contact: Amy B. Jensen,
appear in support of the application. Veterans Affairs, timely filed an Telephone: (703) 603–7740, Fax: (703)

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Document Created: 2017-09-22 01:52:29
Document Modified: 2017-09-22 01:52:29

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of interim patent term extension.
Contact		Mary C. Till by telephone at (571)
FR Citation		82 FR 44391

82 FR 44391 - Grant of Interim Extension of the Term of U.S. Patent No. 6,100,082; OCSTM

DEPARTMENT OF COMMERCEPatent and Trademark Office

Federal Register Volume 82, Issue 183 (September 22, 2017)

DEPARTMENT OF COMMERCE
Patent and Trademark Office