Patent and Trademark Office Authorization Act of 1993

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Patent and Trademark Office 
Authorization Act of 1993''.
SEC. 2. AUTHORIZATION OF AMOUNTS AVAILABLE TO THE PATENT AND TRADEMARK 
OFFICE.
    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Patent and Trademark Office for salaries and 
necessary expenses the sum of $103,000,000 for fiscal year 1994, to be 
derived from deposits in the Patent and Trademark Office Fee Surcharge 
Fund established under section 10101 of the Omnibus Budget 
Reconciliation Act of 1990 (35 U.S.C. note).
    (b) Fees.--There are also authorized to be made available to the 
Patent and Trademark Office for fiscal year 1994, to the extent provided 
in advance in appropriation Acts, such sums as are equal to the amount 
collected during such fiscal year from fees under title 35, United 
States Code, and the Trademark Act of 1946 (15 U.S.C. 1051 and 
following).

SEC. 3. AMOUNTS AUTHORIZED TO BE CARRIED OVER.

    Amounts appropriated or made available pursuant to this Act may 
remain available until expended.

SEC. 4. ADJUSTMENT OF TRADEMARK FEES.

    Effective on the date of the enactment of this Act, the fee under 
section 31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a)) for 
filing an application for the registration of a trademark shall be $245. 
Any adjustment of such fee under the second sentence of such section may 
not be effective before October 1, 1994.

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.







                                Speaker of the House of Representatives.







                             Vice President of the United States and    
                                                President of the Senate.

Summary: Patent and Trademark Office Authorization Act of 1993 - Authorizes appropriations to the Patent and Trademark Office for FY 1994. Sets the trademark fee at $245 and prohibits any adjustments to such fee before October 1, 1994. Amends the Drug Price Competition and Patent Term Restoration Act of 1984 to authorize the owner of record of the patent or its agent to submit an application to the Commissioner of Patents and Trademarks for an interim extension of such patent if the owner or agent expects that the regulatory review period that began for the product involved may extend beyond such expiration. Directs the Commissioner to issue to the applicant a certificate of interim extension for a maximum one-year period, subject to specified conditions. Limits an applicant to four subsequent interim extensions and to one extension in some cases. Requires applications for such extensions to be made during the period beginning 60 days before, and ending 30 days before, the expiration of the preceding interim extension. Terminates such interim extension at the end of the 60-day period beginning on the date on which the product involved receives permission for commercial marketing or use, unless within such period, the applicant notifies the Commissioner of such permission and submits any additional information not previously contained in the interim extension application. Extends such patent for at least five years from the date of the expiration of the original patent term or, in certain circumstances, from the date on which the product involved receives approval for commercial marketing or use. Limits the rights derived from the extended patents during the period of interim extension in the case of a patent which claims a: (1) product, to any use then under regulatory review. (2) method of using a product, to any use claimed by the patent then under regulatory review. And (3) method of manufacturing a product, to the method of manufacturing as used to make the product then under regulatory review. Extends the terms of certain patents for the badges of the American Legion, the American Legion Women's Auxiliary, and the Sons of the American Legion.