An amendment numbered 9 printed in Part B of House Report 112-111 to restore language for calculation of 60-day period for application of patent term extension that the managers amendment strikes.
What it does: Adds SEC. 32. CALCULATION OF 60-DAY PERIOD FOR APPLICATION OF PATENT TERM EXTENSION at the end of the bill
Rep. John Conyers, Jr. (D-MI)Description
Amendment clarifies the deadline for filing patent term extension applications covering drug products that must be approved by the FDA.
What it changes
1 change to H.R. 1249
We couldn't match these changes to the text of H.R. 1249, so they're shown as written.
Adds SEC. 32. CALCULATION OF 60-DAY PERIOD FOR APPLICATION OF PATENT TERM EXTENSION at the end of the bill
Adds a sectionInserted: SEC. 32. CALCULATION OF 60-DAY PERIOD FOR APPLICATION OF PATENT TERM EXTENSION.
Inserted: (a) In General.--Section 156(d)(1) of title 35, United States Code, is amended by adding at the end the following flush sentence:
Inserted: "For purposes of determining the date on which a product receives permission under the second sentence of this paragraph, if such permission is transmitted after 4:30 P.M., Eastern Time, on a business day, or is transmitted on a day that is not a business day, the product shall be deemed to receive such permission on the next business day. For purposes of the preceding sentence, the term 'business day' means any Monday, Tuesday, Wednesday, Thursday, or Friday, excluding any legal holiday under section 6103 of title 5.".
Inserted: (b) Applicability.--The amendment made by subsection (a) shall apply to any application for extension of a patent term under section 156 of title 35, United States Code, that is pending on, that is filed after, or as to which a decision regarding the application is subject to judicial review on, the date of the enactment of this Act.
Original wording
Add at the end the following new section (and conform the table of contents accordingly):
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Add at the end the following new section (and conform the table of contents accordingly):
SEC. 32. CALCULATION OF 60-DAY PERIOD FOR APPLICATION OF PATENT TERM EXTENSION.
(a) In General.--Section 156(d)(1) of title 35, United States Code, is amended by adding at the end the following flush sentence:
“For purposes of determining the date on which a product receives permission under the second sentence of this paragraph, if such permission is transmitted after 4:30 P.M., Eastern Time, on a business day, or is transmitted on a day that is not a business day, the product shall be deemed to receive such permission on the next business day. For purposes of the preceding sentence, the term ‘business day' means any Monday, Tuesday, Wednesday, Thursday, or Friday, excluding any legal holiday under section 6103 of title 5.”.
(b) Applicability.--The amendment made by subsection (a) shall apply to any application for extension of a patent term under section 156 of title 35, United States Code, that is pending on, that is filed after, or as to which a decision regarding the application is subject to judicial review on, the date of the enactment of this Act.
Legislative Activity
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House amendment offered
June 23, 2011
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House amendment offered
June 23, 2011
House amendment offered/reported by: Amendment (A009) offered by Mr. Conyers.(consideration: CR H4489-4490; text: CR H4489)
June 23, 2011 • 3:07 PM
House amendment agreed to: On agreeing to the Conyers amendment (A009) Agreed to by recorded vote: 223 - 198 (Roll no. 485).
June 23, 2011 • 4:58 PM
House amendment offered/reported by: Amendment (A009) offered by Mr. Conyers.(consideration: CR H4500)
June 23, 2011 • 4:55 PM
Roll call votes on amendments in House
June 23, 2011 • 4:58 PM
Amendment agreed to Committee of the Whole
June 23, 2011 • 4:58 PM
Amendment (A009) offered by Mr. Conyers. (consideration: CR H4489-4490; text: CR H4489)
June 23, 2011 • 3:07 PM
Amendment (A009) offered by Mr. Conyers. (consideration: CR H4500)
June 23, 2011 • 4:55 PM
On agreeing to the Conyers amendment (A009) Agreed to by recorded vote: 223 - 198 (Roll no. 485).
June 23, 2011 • 4:58 PM
Votes
1 roll call on this amendment