[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Notices]
[Page 78838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31017]



[[Page 78838]]

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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No.: PTO-P-2013-0062]


Grant of Interim Extension of the Term of U.S. Patent No. 
5,496,801; Recombinant Human Parathyroid Hormone

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 under 35 U.S.C. 156(d)(5) for a one-
year interim extension of the term of U.S. Patent No. 5,496,801.

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 Mary.Till@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 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 December 6, 2013, NPS Pharmaceuticals, Inc., timely filed an 
application under 35 U.S.C. 156(d)(5) for an interim extension of the 
term of U.S. Patent No. 5,496,801. The patent claims the human 
biological product recombinant human parathyroid hormone. The 
application indicates that Biologics License Application 125511 for the 
drug product, recombinant human parathyroid hormone, was filed on 
October 24, 2013, 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 one year as required by 35 
U.S.C. 156(d)(5)(B). Because the regulatory review period has continued 
beyond the original expiration date of the patent, December 23, 2013, 
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. 5,496,801 is granted for a period of one year from the 
original expiration date of the patent.

    Dated: December 20, 2013.
Andrew Hirshfeld,
Deputy Commissioner for Patent Examination Policy, United States Patent 
and Trademark Office.
[FR Doc. 2013-31017 Filed 12-26-13; 8:45 am]
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