S.Amdt. 4458

SA 4458. Mr. TILLIS submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. LIMITATION ON ADJUSTMENT OF PATENT TERMS.

(a) Amendment.--Section 154(b)(2) of title 35, United
States Code, is amended--
(1) in subparagraph (B), by striking ``No patent'' and
inserting ``Except as provided in subparagraph (D), no
patent''; and
(2) by adding at the end the following:
``(D) Exception.--Subparagraph (B) shall not apply to a
patent for which is a terminal disclaimer has been filed over
a later-issued patent if--
``(i)(I) the earliest-filed application to which there is a
specific reference under section 120, 121, 365(c), or 386(c)
in the terminally disclaimed patent and the later-issued
patent is the same; or
``(II) the earliest-filed application to which there is a
specific reference under section 120, 121, 365(c), or 386(c)
in the later-issued patent is the application that was issued
as the terminally disclaimed patent;
``(ii) the patents are commonly owned; and
``(iii) the later-issued patent is in force on the date of
enactment of this subparagraph.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply only to a patent for which a terminal disclaimer
is filed after the date of enactment of this Act.
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