Grant of Interim Extension of the Term of U.S. Patent No. 8,858,612; Reducer®

• Published date: 27 March 2020
• Citation: 85 FR 17315
• Record Number: 2020-06447
• Section: Notices
• Court: Patent And Trademark Office

Federal Register, Volume 85 Issue 60 (Friday, March 27, 2020)

[Federal Register Volume 85, Number 60 (Friday, March 27, 2020)]
                [Notices]
                [Page 17315]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-06447]
                -----------------------------------------------------------------------
                DEPARTMENT OF COMMERCE
                Patent and Trademark Office
                [Docket No.: PTO-P-2020-0019]
                Grant of Interim Extension of the Term of U.S. Patent No.
                8,858,612; Reducer[supreg]
                AGENCY: United States Patent and Trademark Office, Commerce.
                ACTION: Notice of interim Patent term extension.
                -----------------------------------------------------------------------
                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. 8,858,612.
                FOR FURTHER INFORMATION CONTACT: Ali Salimi by telephone at (571) 272-
                0909; by mail marked to his 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 his attention at (571) 273-0909; 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 March 11, 2020, Neovasc Medical Ltd., 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. 8,858,612. The patent
                claims method of use of catheter delivered implantable device,
                Reducer[supreg]. The application for patent term extension indicates
                that a Premarket Approval Application (PMA) P190035 was submitted to
                the Food and Drug Administration (FDA) on December 31, 2019.
                 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, March 27, 2020, 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. 8,858,612 is granted for a period of one year from the
                original expiration date of the patent.
                Robert Bahr,
                Deputy Commissioner for Patent Examination Policy, United States Patent
                and Trademark Office.
                [FR Doc. 2020-06447 Filed 3-26-20; 8:45 am]
                 BILLING CODE 3510-16-P