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Patent term extension markush claim form

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The document is a final decision regarding the application for patent term extension of U.S. Patent No. 4,600,706, filed by Arkion Life Sciences, Inc. The request for extension was denied because the product NSUREB (natamycin) did not represent the first permitted commercial marketing or use under applicable law. Additionally, previous interim extensions granted were vacated due to the ineligibility of the patent for extension.

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What is a Markush claim selected from?

A Markush claim is a type of patent claim that recites a list of alternatively useable members. The key characteristics of a Markush claim are: It lists specified alternatives within a claim. The alternatives are selected from a closed group consisting of the listed members.

What patents are eligible for patent term extension?

The Act allows the extension of the term of a patent claiming a product that requires regulatory approval prior to being sold, or a method of using or manufacturing the product. Such products include human and veterinary pharmaceuticals, food additives, color additives and medical devices.

What is the format for Markush claims?

One way of claiming a Markush structure follows the format: a chemical selected from the group consisting of A, B, and C where A, B, and C are alternative chemicals.

What are the transitional phrases in a patent claim?

Transitional phrases in patent applications are important, as they specify whether the claim is limited to only the elements listed, or whether the claim may cover items or processes that have additional elements. The most common transitional phrase used is the open ended phrase comprising.

What is a Markush search?

A chemical structure or Markush structure search forms the backbone of pharmaceutical and chemistry patent pools. It plays a crucial role in securing the broadest legal protection for inventions. Markush structures simplify complex chemical compounds by grouping multiple chemical entities into a single structure.

What is a Markush representation?

September 13, 2021. Markush structures are representations of chemical structures with variable substituents that are used in patent documents to specify groups of related chemical compounds, often in order to claim them as part of the scope of a filed patent application (also referred to as Markush claims).

What is the claim of a patent application?

A patent claim defines the boundaries of an invention, and therefore lays down what the patent does and does not cover. A patent claim is the most important thing in a patent application, for it defines the subject matter that is sought to be protected.

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