H. R. 2632

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

An Act

To authorize appropriations for the Patent and Trademark Office in the Department

of Commerce for fiscal year 1994, 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. 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:

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‘‘(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.

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‘‘(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.

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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.

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