[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Notices]
[Pages 59363-59364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25539]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2018-0065]
Grant of Interim Extension of the Term of U.S. Patent No.
8,311,629; OPTIMIZER[supreg] Smart Implantable Pulse Generator
AGENCY: United States Patent and Trademark Office, Commerce.
[[Page 59364]]
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. 8,311,629.
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 October 26, 2018, Impulse Dynamic N.V., the patent owner of
record, timely filed an application under 35 U.S.C. 156(d)(5) for an
interim extension of the term of U.S. Patent No. 8,311,629. The patent
claims the medical device, the OPTIMIZER Smart Implantable Pulse
Generator. The application for patent term extension indicates that a
Premarket Approval Application (PMA) P180036 was submitted to the Food
and Drug Administration (FDA) on September 5, 2018.
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, November 16, 2018, 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. 8,311,629 is granted for a period of one year from the
original expiration date of the patent.
Dated: November 15, 2018.
Robert Bahr,
Deputy Commissioner for Patent Examination Policy, United States Patent
and Trademark Office.
[FR Doc. 2018-25539 Filed 11-21-18; 8:45 am]
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