In the House of Representatives, U. S.,
November 19, 1993.
Resolved, That the House agree to the amendment of
the Senate to the bill (H.R. 2632) entitled ‘‘An Act to au-
thorize appropriations for the Patent and Trademark Office
in the Department of Commerce for fiscal year 1994’’, with
the following
AMENDMENTS:
In lieu of the text proposed to be inserted by the Sen-
ate amendment, insert the following:
SEC. 5. INTERIM PATENT EXTENSIONS.
Section 156 of title 35, United States Code, is amend-
ed—
(1) in subsection (c)(4) by striking out ‘‘ex-
tended’’ 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 fol-
lowing new paragraph:
‘‘(5)(A) If the owner of record of the patent or its agent
reasonably expects that the applicable regulatory review pe-
riod 
described 
in 
paragraph 
(1)(B)(ii), 
(2)(B)(ii),
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(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 regu-
latory 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 manufac-
turing 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 under-
taken by the applicant during the applicable regu-
latory review period to date with respect to the prod-
uct under review and the significant dates applicable
to such activities; and
‘‘(v) such patent or other information as the
Commissioner may require.
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‘‘(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 sub-
paragraph (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 para-
graph shall terminate at the end of the 60-day period begin-
ning on the date on which the product involved receives per-
mission for commercial marketing or use, except that, if