CFR Subpart A

9 C.F.R. § 124.1 Scope.

(a) This parts sets forth procedures and requirements for APHIS review of applications for the extension of the term of certain patents for veterinary biological products pursuant to 35 U.S.C. 156—Extension of patent term. Responsibilities of APHIS include: (1) Assisting PTO in determining eligibility for patent term restoration; (2) Determining the length of a product's regulatory review period; (3) If petitioned, reviewing and ruling on due diligence challenges to APHIS's regulatory review period determinations; and (4) Conducting hearings to review initial APHIS findings on due diligence challenges. (b) The regulations in this part are designed to be used in conjunction with regulations issued by PTO concerning patent term extension which may be found at 37 CFR 1.710 through 1.791.

9 C.F.R. § 124.2 Definitions.

Animal and Plant Health Inspection Service (APHIS). The agency in the Department of Agriculture responsible for licensing veterinary biological products under the Virus-Serum-Toxin Act. Applicant. Any person who submits an application or an amendment or supplement to an application under 35 U.S.C. 156 seeking extension of the term of a patent. Due diligence petition. A petition submitted under § 124.30 of this part. Informal hearing. A hearing that is not subject to the provisions of 5 U.S.C. 554, 556, and 557 and that is conducted as provided in 21 U.S.C. 321(x). License applicant. Any person who, in accordance with part 102 of this chapter, submits an application to the Animal and Plant Health Inspection Service of the U.S. Department of Agriculture for a U.S. Veterinary Biological Product License. Patent. A patent issued by the Patent and Trademark Office of the United States Department of Commerce. Person. Any individual, firm, partnership, corporation, company, association, educational institution, State or local government agency, or other organized group of any of the foregoing, or any agent, officer, or employee of any thereof. PTO. The Patent and Trademark Office of the United States Department of Commerce.