[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Notices]
[Pages 15748-15749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7388]



-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
Patent and Trademark Office


Proposed Determination of New Expiration Dates of Certain Patents

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Request for comments.

-----------------------------------------------------------------------

SUMMARY: The Patent and Trademark Office (PTO) intends to determine and 
publish the new expiration dates of patents that, (1) are in force on 
June 8, 1995, (2) are entitled to a term of 20 years from filing, and 
(3) have received a term extension under either section 155 or 156 of 
title 35, United States Code. The PTO seeks written comments on its 
intended course of action.

DATES: Written comments must be submitted on or before April 26, 1995.

[[Page 15749]] ADDRESSES: Address written comments to the Commissioner 
of Patents and Trademarks, Washington, DC 20231, Attention: H. Dieter 
Hoinkes, Office of Legislative and International Affairs, Crystal Park 
2, Suite 902, or by facsimile to (703) 305-8885.

FOR FURTHER INFORMATION CONTACT:
H. Dieter Hoinkes by telephone at (703) 305-9300, by facsimile at (703) 
305-8885, or by mail marked to his attention addressed to the 
Commissioner of Patents and Trademarks, Box 4, Washington, DC 20231.

SUPPLEMENTARY INFORMATION: Under section 156 of title 35, United States 
Code, patent term extensions are issued for eligible patents from the 
original expiration date of the patent. Since this provision was 
enacted in 1984, the PTO has issued 195 certificates of patent term 
extension in accordance with section 156. Under the Uruguay Round 
Agreements Act (``URAA''), Public Law 103-465, patents in force on June 
8, 1995, are entitled to a patent term of 17 years from grant or 20 
years from their earliest filing date, whichever is greater (see 35 
U.S.C. 154(c)(1)). It is estimated that 94 patents whose terms were 
extended under section 156 are entitled to such a longer patent term.
    On February 16, 1995, the PTO held a public hearing to elicit 
comments on what action it should take regarding patents that are 
entitled to a longer patent term under the URAA and that had previously 
been extended under section 156. (See 60 Fed. Reg. 3398 (Jan. 17, 
1995)). After having considered all the comments, both written and 
oral, the PTO intends to publish the new expiration date of all patents 
that fall into the category mentioned above. The determination of the 
new expiration dates will be based on the following three 
considerations:
    (1) A patent that would have expired under the original 17-year 
patent term before June 8, 1995, but that has received a patent term 
extension for a period beyond June 8, 1995, is a patent ``in force'' on 
June 8, 1995, even though the rights derived from that patent are 
circumscribed by section 156(b) of title 35.
    (2) The ``original expiration date of the patent'' referred to in 
section 156(a) of title 35 is the date on which the patent would have 
expired if it had not been extended under section 156 to expire at a 
later date. Therefore, the ``original expiration date'' of the patents 
under consideration is the date on which the 20-year term from filing 
terminates.
    (3) The extension already issued on the basis of the 17-year term 
will be added to the 20-year term, subject to the limitation imposed by 
section 156(c)(3) of title 35. That provision limits the period 
remaining in the term of an extended patent to fourteen years counted 
from the date on which the product under review received approval for 
commercial marketing by the relevant regulatory authority.
    In addition, it should be noted that under the provisions of 
section 155 of title 35, 33 patents were extended, each for a period of 
five years, ten months and 17 days. Of the 32 patents in force on June 
8, 1995, 20 are entitled to the longer term of 20 years from their 
relevant filing date. Their new expiration date, taking into account 
the term of extension provided by 35 U.S.C. 155, is also intended to be 
published.
    Comments are invited on the course of action the PTO intends to 
undertake with respect to the new expiration dates of patents in the 
category discussed above. In issuing its final determination, the PTO 
will respond to significant comments received.

    Dated: March 20, 1995.
Bruce A. Lehman,
Assistant Secretary of Commerce and Commissioner of Patents and 
Trademarks.
[FR Doc. 95-7388 Filed 3-24-95; 8:45 am]
BILLING CODE 3510-16-M