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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H. R. 2632—2
‘‘(5)(A) If the owner of record of the patent or its agent reason-
ably 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 begin-
ning 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 provi-
sions 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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H. R. 2632—3
‘‘(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 manufac-
turing 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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