[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 409 Engrossed in Senate (ES)]

103d CONGRESS

  1st Session

                                 S. 409

_______________________________________________________________________

                                 AN ACT

    To extend the terms of various patents, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  1st Session
                                 S. 409

_______________________________________________________________________

                                 AN ACT


 
    To extend the terms of various patents, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PATENT TERM EXTENSION FOR OLESTRA.

    (a) In General.--The terms of United States patents numbered 
4,005,195, 4,005,196, and 4,034,083 (and any reissues of such patents) 
shall each be extended for a period beginning on the date of its 
expiration through December 31, 1997.
    (b) Post-Market Surveillance.--The holders of the patents extended 
under this section shall, following the first permission for marketing 
olestra, undertake a post-market program that shall provide data 
regarding the influence of olestra-containing products upon the overall 
dietary intake of fats. Such data shall be subject to the usual 
standards of professional peer review. At the end of the study period, 
such data shall be submitted to the Food and Drug Administration for 
review. Such study data shall be in a format which shall be made 
available to Congress for public review. The requirements of this 
subsection shall not in any manner preempt the authority of the Food 
and Drug Administration to request and to receive any other information 
it determines necessary in the course of its ongoing regulatory 
activities.

SEC. 2. 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. 3. INTERVENING RIGHTS.

    The renewals and extensions of the patents under section 2 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.

SEC. 4. EFFECTIVE DATE.

    The provisions of this Act shall take effect on the date of the 
enactment of this Act.

            Passed the Senate July 14 (legislative day, June 30), 1993.

            Attest:






                                                             Secretary.