Page:United States Statutes at Large Volume 113 Part 2.djvu/1078

 113 STAT. 1501A-560 PUBLIC LAW 106-113—APPENDIX I "(D) The Director shall proceed to grant the patent after completion of the Director's determination of a patent term adjustment under the procedures established under this subsection, notwithstanding any appeal taken by the applicant of such determination. "(4) APPEAL OF PATENT TERM ADJUSTMENT DETERMINA- TION. — "(A) An applicant dissatisfied with a determination made by the Director under paragraph (3) shall have remedy by a civil action against the Director filed in the United States District Court for the District of Columbia within 180 days after the grant of the patent. Chapter 7 of title 5, United States Code, shall apply to such action. Any final judgment resulting in a change to the period of adjustment of the patent term shall be served on the Director, and the Director shall thereafter alter the term of the patent to reflect such change. "(B) The determination of a patent term adjustment under this subsection shall not be subject to appeal or challenge by a third party prior to the grant of the patent.", (b) CONFORMING AMENDMENTS.— (1) Section 282 of title 35, United States Code, is amended in the fourth paragraph by striking "156 of this title" and inserting "154(b) or 156 of this title". (2) Section 1295(a)(4)(C) of title 28, United States Code, is amended by striking "145 or 146" and inserting "145, 146, or 154(b)". SEC. 4403. CONTINUED EXAMINATION OF PATENT APPLICATIONS. Section 132 of title 35, United States Code, is amended— (1) in the first sentence by striking "Whenever" and inserting "(a) Whenever"; and (2) by adding at the end the following: "(b) The Director shall prescribe regulations to provide for the continued examination of applications for patent at the request of the applicant. The Director may establish appropriate fees for such continued examination and shall provide a 50 percent reduction in such fees for small entities that qualify for reduced fees under section 41(h)(1) of this title.". SEC. 4404. TECHNICAL CLARIFICATION. Section 156(a) of title 35, United States Code, is amended in the matter preceding paragraph (1) by inserting ", which shall include any patent term adjustment granted under section 154(b)," after "the original expiration date of the patent". SEC. 4405. EFFECTIVE DATE. (a) AMENDMENTS MADE BY SECTIONS 4402 AND 4404.— The amendments made by sections 4402 and 4404 shall take effect on the date that is 6 months after the date of the enactment of this Act and, except for a design patent application filed under chapter 16 of title 35, United States Code, shall apply to any application filed on or after the date that is 6 months after the date of the enactment of this Act. (b) AMENDMENTS MADE BY SECTION 4403. —The amendments made by section 4403— (1) shall take effect on the date that is 6 months after the date of the enactment of this Act, and shall apply to

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