‘‘(h) EXCEPTIONS.—The notice under subsection 
(f)(2) and the report under subsection (g) are not required 
in the case of an order that tolls or extends a time deadline 
for a period of less than 14 days.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 111 of title 28, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1660. Emergency authority to delay or toll judicial deadlines.’’. 
SEC. 3. WAIVER OF PATENT AND TRADEMARK REQUIRE-
MENTS IN CERTAIN EMERGENCIES. 
Section 2 of title 35, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(e) WAIVER OF REQUIREMENTS IN CERTAIN EMER-
GENCIES.—The Director may waive statutory provisions 
governing the filing, processing, renewal, and maintenance 
of patents, trademark registrations, and applications 
therefor to the extent the Director considers necessary in 
order to protect the rights and privileges of applicants and 
other persons affected by an emergency or a major dis-
aster, as those terms are defined in section 102 of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5122). A decision not to exercise, or 
a failure to exercise, the waiver authority provided by this 
subsection shall not be subject to judicial review.’’. 
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SEC. 4. AUTHORITY OF DIRECTOR OF PTO TO ACCEPT LATE 
FILINGS. 
(a) AUTHORITY.—Section 156 of title 35, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(i) DISCRETION TO ACCEPT LATE FILINGS IN CER-
TAIN CASES OF UNINTENTIONAL DELAY.— 
‘‘(1) IN GENERAL.—The Director may accept 
an application under this section that is filed not 
later than three business days after the expiration of 
the 60-day period provided in subsection (d)(1) if 
the applicant files a petition, not later than five 
business days after the expiration of that 60-day pe-
riod, showing, to the satisfaction of the Director, 
that the delay in filing the application was uninten-
tional. 
‘‘(2) TREATMENT OF DIRECTOR’S ACTIONS ON 
PETITION.—If the Director has not made a deter-
mination on a petition filed under paragraph (1) 
within 60 days after the date on which the petition 
is filed, the petition shall be deemed to be denied. A 
decision by the Director to exercise or not to exer-
cise, or a failure to exercise, the discretion provided 
by this subsection shall not be subject to judicial re-
view.’’ 
(b) FEE FOR LATE FILINGS.— 
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(1) IN GENERAL.—In order to effect a patent 
term extension under section 156(i) of title 35, 
United States Code, the patent holder shall pay a 
fee to the United States Treasury in the amount 
prescribed under paragraph (2). 
(2) FEE AMOUNT.— 
(A) FEE
AMOUNT.—The patent holder 
shall pay a fee equal to— 
(i) $65,000,000 with respect to any 
original application for a patent term ex-
tension, filed with the United States Pat-
ent and Trademark Office before the date 
of the enactment of this Act, for a drug in-
tended for use in humans that is in the 
anticoagulant class of drugs; or 
(ii) the amount estimated under sub-
paragraph (B) with respect to any other 
original application for a patent term ex-
tension. 
(B) 
CALCULATION
OF
ALTERNATE 
AMOUNT.—The Director shall estimate the 
amount referred to in subparagraph (A)(ii) as 
the amount equal to the sum of— 
(i) any net increase in direct spending 
arising from the extension of the patent 
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term (including direct spending of the 
United States Patent and Trademark Of-
fice and any other department or agency of 
the Federal Government); 
(ii) any net decrease in revenues aris-
ing from such patent term extension; and 
(iii) any indirect reduction in revenues 
associated with payment of the fee under 
this subsection. 
The Director, in estimating the amount under 
this subparagraph, shall consult with the Direc-
tor of the Office of Management and Budget, 
the Secretary of the Treasury, and either the 
Secretary of Health and Human Services or (in 
the case of a drug product subject to the Act 
commonly referred to as the ‘‘Virus-Serum- 
Toxin Act’’; 21 U.S.C. 151–158) the Secretary 
of Agriculture. 
(3) NOTICE OF FEE.—The Director shall in-
form the patent holder of the fee determined under 
paragraph (2) at the time the Director provides no-
tice to the patent holder of the period of extension 
of the patent term that the patent holder may effect 
under this subsection. 
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(4) ACCEPTANCE
REQUIRED.—Unless, within 
15 days after the Director provides notice to the 
patent holder under paragraph (3), the patent hold-
er accepts the patent term extension in writing to 
the Director, the patent term extension is rescinded 
and no fees shall be due under this subsection by 
reason of the petition under section 156(i)(1) of title 
35, United States Code, pursuant to which the Di-
rector provided the notice. 
(5) PAYMENT OF FEE.—The extension of a pat-
ent term of which notice is provided under para-
graph (3) shall not become effective unless the pat-
ent holder pays the fee required under paragraph 
(2) not later than 60 days after the date on which 
the notice is provided. 
(6) FEE PAYMENT NOT AVAILABLE FOR OBLI-
GATION.—Fees received under this subsection are 
not available for obligation. 
(7) DIRECTOR DEFINED.—Except as otherwise 
provided, in this subsection, the term ‘‘Director’’ 
means the Under Secretary of Commerce for Intel-
lectual Property and Director of the United States 
Patent and Trademark Office. 
(c) APPLICABILITY.— 
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