[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2632 Engrossed Amendment House (EAH)]

103d CONGRESS

  1st Session

                               H. R. 2632

_______________________________________________________________________

                               AMENDMENTS
                In the House of Representatives, U. S.,

                                                     November 19, 1993.
      Resolved, That the House agree to the amendment of the Senate to 
the bill (H.R. 2632) entitled ``An Act to authorize appropriations for 
the Patent and Trademark Office in the Department of Commerce for 
fiscal year 1994'', with the following

                              AMENDMENTS:

        In lieu of the text proposed to be inserted by the Senate 
    amendment, insert the following:

SEC. 5. INTERIM PATENT EXTENSIONS.

    Section 156 of title 35, United States Code, is amended--
            (1) in subsection (c)(4) by striking out ``extended'' and 
        inserting ``extended under subsection (e)(1)'';
            (2) in the second sentence of subsection (d)(1) by striking 
        ``Such'' and inserting ``Except as provided in paragraph (5), 
        such''; and
            (3) by adding at the end of subsection (d) the following 
        new paragraph:
    ``(5)(A) If the owner of record of the patent or its agent 
reasonably expects that the applicable regulatory review period 
described in paragraph (1)(B)(ii), (2)(B)(ii), (3)(B)(ii), (4)(B)(ii), 
or (5)(B)(ii) of subsection (g) that began for a product that is the 
subject of such patent may extend beyond the expiration of the patent 
term in effect, the owner or its agent may submit an application to the 
Commissioner for an interim extension during the period beginning 6 
months, and ending 15 days, before such term is due to expire. The 
application shall contain--
            ``(i) the identity of the product subject to regulatory 
        review and the Federal statute under which such review is 
        occurring;
            ``(ii) the identity of the patent for which interim 
        extension is being sought and the identity of each claim of 
        such patent which claims the product under regulatory review or 
        a method of using or manufacturing the product;
            ``(iii) information to enable the Commissioner to determine 
        under subsection (a)(1), (2), and (3) the eligibility of a 
        patent for extension;
            ``(iv) a brief description of the activities undertaken by 
        the applicant during the applicable regulatory review period to 
        date with respect to the product under review and the 
        significant dates applicable to such activities; and
            ``(v) such patent or other information as the Commissioner 
        may require.
    ``(B) If the Commissioner determines that, except for permission to 
market or use the product commercially, the patent would be eligible 
for an extension of the patent term under this section, the 
Commissioner shall publish in the Federal Register a notice of such 
determination, including the identity of the product under regulatory 
review, and shall issue to the applicant a certificate of interim 
extension for a period of not more than 1 year.
    ``(C) The owner of record of a patent, or its agent, for which an 
interim extension has been granted under subparagraph (B), may apply 
for not more than 4 subsequent interim extensions under this paragraph, 
except that, in the case of a patent subject to subsection (g)(6)(C), 
the owner of record of the patent, or its agent, may apply for only 1 
subsequent interim extension under this paragraph. Each such subsequent 
application shall be made during the period beginning 60 days before, 
and ending 30 days before, the expiration of the preceding interim 
extension.
    ``(D) Each certificate of interim extension under this paragraph 
shall be recorded in the official file of the patent and shall be 
considered part of the original patent.
    ``(E) Any interim extension granted under this paragraph shall 
terminate at the end of the 60-day period beginning on the date on 
which the product involved receives permission for commercial marketing 
or use, except that, if within that 60-day period the applicant 
notifies the Commissioner of such permission and submits any additional 
information under paragraph (1) of this subsection not previously 
contained in the application for interim extension, the patent shall be 
further extended, in accordance with the provisions of this section--
            ``(i) for not to exceed 5 years from the date of expiration 
        of the original patent term; or
            ``(ii) if the patent is subject to subsection (g)(6)(C), 
        from the date on which the product involved receives approval 
        for commercial marketing or use.
    ``(F) The rights derived from any patent the term of which is 
extended under this paragraph shall, during the period of interim 
extension--
            ``(i) in the case of a patent which claims a product, be 
        limited to any use then under regulatory review;
            ``(ii) in the case of a patent which claims a method of 
        using a product, be limited to any use claimed by the patent 
        then under regulatory review; and
            ``(iii) in the case of a patent which claims a method of 
        manufacturing a product, be limited to the method of 
        manufacturing as used to make the product then under regulatory 
        review.''.

SEC. 6. CONFORMING AMENDMENTS.

    Section 156 of title 35, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``(d)'' and 
                inserting ``(d)(1)''; and
                    (B) in paragraph (3) by striking ``subsection (d)'' 
                and inserting ``paragraphs (1) through (4) of 
                subsection (d)'';
            (2) in subsection (b) by striking ``The rights'' and 
        inserting ``Except as provided in subsection (d)(5)(F), the 
        rights''; and
            (3) in subsection (e)--
                    (A) in paragraph (1) by striking ``subsection (d)'' 
                and inserting ``paragraphs (1) through (4) of 
                subsection (d)''; and
                    (B) in paragraph (2) by striking ``(d)'' and 
                inserting ``(d)(1)''.

SEC. 7. PATENT TERM EXTENSIONS FOR AMERICAN LEGION.

    (a) Badge of American Legion.--The term of a certain design patent 
numbered 54,296 (for the badge of the American Legion) is renewed and 
extended for a period of 14 years beginning on the date of enactment of 
this Act, with all the rights and privileges pertaining to such patent.
    (b) Badge of American Legion Women's Auxiliary.--The term of a 
certain design patent numbered 55,398 (for the badge of the American 
Legion Women's Auxiliary) is renewed and extended for a period of 14 
years beginning on the date of enactment of this Act, with all the 
rights and privileges pertaining to such patent.
    (c) Badge of Sons of the American Legion.--The term of a certain 
design patent numbered 92,187 (for the badge of the Sons of the 
American Legion) is renewed and extended for a period of 14 years 
beginning on the date of enactment of this Act, with all the rights and 
privileges pertaining to such patent.

SEC. 8. INTERVENING RIGHTS.

    The renewals and extensions of the patents under section 6 shall 
not result in infringement of any such patent on account of any use of 
the subject matter of the patent, or substantial preparation for such 
use, which began after the patent expired, but before the date of the 
enactment of this Act.
            Amend the title so as to read: ``An Act to authorize 
        appropriations for the Patent and Trademark Office in the 
        Department of Commerce for fiscal year 1994, and for other 
        purposes.''.

            Attest:






                                                                 Clerk.