[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Page S7948]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4458. Mr. TILLIS submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. LIMITATION ON ADJUSTMENT OF PATENT TERMS.

       (a) Amendment.--Section 154(b)(2) of title 35, United 
     States Code, is amended--
       (1) in subparagraph (B), by striking ``No patent'' and 
     inserting ``Except as provided in subparagraph (D), no 
     patent''; and
       (2) by adding at the end the following:
       ``(D) Exception.--Subparagraph (B) shall not apply to a 
     patent for which is a terminal disclaimer has been filed over 
     a later-issued patent if--
       ``(i)(I) the earliest-filed application to which there is a 
     specific reference under section 120, 121, 365(c), or 386(c) 
     in the terminally disclaimed patent and the later-issued 
     patent is the same; or
       ``(II) the earliest-filed application to which there is a 
     specific reference under section 120, 121, 365(c), or 386(c) 
     in the later-issued patent is the application that was issued 
     as the terminally disclaimed patent;
       ``(ii) the patents are commonly owned; and
       ``(iii) the later-issued patent is in force on the date of 
     enactment of this subparagraph.''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply only to a patent for which a terminal disclaimer 
     is filed after the date of enactment of this Act.
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