Patent and Trademark Office Authorization Act of 1993
PL 103-179 (H.R.2632), enacted 12/03/1993

107 STAT. 2040 
PUBLIC LAW 103-179—DEC. 3, 1993 
Public Law 103-179 
103d Congress 
Dec. 3, 1993 
[H.R. 2632] 
Patent and 
Trademark 
Office 
Authorization 
Act of 1993. 
15 use 1113 
note. 
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 Tatent 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 scdaries 
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 imtil expended. 
SEC. 4. ADJUSTMENT OF TRADEMARK FEES. 
EfiTective 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 (cX4) by striking out "extended" and 
inserting "extended imder subsection (eXl)"; 
(2) in the second sentence of subsection (dXD 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: 
PUBLIC LAW 103-179—DEC. 3, 1993 
107 STAT. 2041 
"(5XA) If the owner of record of the patent or its agent reason-
ably expects that the applicable regulatory review period described 
in paragraph (IXBXii), (2XBXii), OXBXii), (4XBXii), or (SXBXii) 
of subsection (g) that began for a product tJiat 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) tne identity of the product subject to regulatory review 
and the Federal statute imder 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 (aXD, (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 Federal 
to market or use the product commercially, the patent would be 
uhir^ti 
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 imder 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 (gX6XC), 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 iinder 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 infomnation 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 ori^nal patent term; or 
"(ii) if the patent is subject to subsection (gX6XC), from 
the date on which the product involved receives approval for 
commercial marketing or use. 
107 STAT. 2042 
PUBLIC LAW 103-179—DEC. 3, 1993 
"(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 
manidacturing 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 
«(dXir; and 
(B) in paragraph (3) by striking "subsection (d)" and 
inserting "paragraphs (1) through (4) of subsection (d)"; 
(2) in subsection (b) by striking ^lie rights" and inserting 
"Except as provided in subsection (dX5XF), the rights"; and 
(3) in subsection (e)— 
(A) in paragraph (1) by striking "subsection (d)" and 
inserting "paragraphs (1) through (4) of subsection (d)"; 
i 
and 
(B) in paragraph (2) by striking "(d)" and inserting 
"(dXl)". 
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. 
PUBLIC LAW 103-179—DEC. 3, 1993 
107 STAT. 2043 
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 uie patent, or substantial 
preparation for such use, which began after the patent expired, 
but before the date of the enactment of this Act. 
Approved December 3, 1993. 
LEGISLATIVE HISTORY—H.R. 2632: 
HOUSE REPORTS: No. 103-285 (Coram, on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
Oct. 12, considered and. passed House. 
Nov. 10, considered and passed Senate, amended. 
Nov. 19, House concurred in Senate amendraent with amendments. 
Nov. 20, Senate concurred in House amendments.