HR 6344 RFS 
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 
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-
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tice to the patent holder of the period of extension 
of the patent term that the patent holder may effect 
under this subsection. 
(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the Director, the patent term extension is rescinded 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-
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lectual Property and Director of the United States 
Patent and Trademark Office. 
(c) APPLICABILITY.— 
(1) IN GENERAL.—This section and the amend-
ments made by this section shall apply to any appli-
cation— 
(A) that is made on or after the date of 
the enactment of this Act; or 
(B) that, on such date of enactment, is 
pending before the Director or as to which a de-
cision of the Director is eligible for judicial re-
view. 
(2) TREATMENT OF CERTAIN APPLICATIONS.— 
In the case of any application described in para-
graph (1)(B), the 5-day period prescribed in section 
156(i)(1) of title 35, United States Code, as added 
by subsection (a) of this section, shall be deemed to 
begin on the date of the enactment of this Act. 
Passed the House of Representatives June 23, 2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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