Text: H.R.6038 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 6038 IH
102d CONGRESS
2d Session
 H. R. 6038
To amend title 35, United States Code, to permit separate patent extensions
for each product under a patent which is subject to full regulatory review
and approval.
IN THE HOUSE OF REPRESENTATIVES
September 25, 1992
Mr. LEVINE of California introduced the following bill; which was referred
to the Committee on the Judiciary
A BILL
To amend title 35, United States Code, to permit separate patent extensions
for each product under a patent which is subject to full regulatory review
and approval.
  Be it enacted by the Senate and House of Representatives of the United States
  of America in Congress assembled, That section 156 of title 35 is amended--
  (1) in subsection (a)--
  (A) in paragraph (2), by inserting `, except as provided in subsection
  (i)' after `extended'; and
  (B) in the second sentence, by inserting `, and in subsection (i),' after
  `and (5)'; and
  (2) by adding at the end the following new subsection:
  `(i)(1) Notwithstanding the provisions of subsection (a)(2), if a claim
  or claims of any patent on an invention that was conceived or reduced to
  practice substantially in the performance of work at a qualified nonprofit
  organization cover more than one drug product, each of which is subject
  to a regulatory review period before its commercial marketing or use, the
  term of such patent may be separately extended for each such drug product.
  `(2) For each extension obtained under this subsection, the rights derived
  from any patent the term of which is extended shall be limited to the drug
  product for which extension is sought.
  `(3) As used in this subsection, the term `qualified nonprofit organization'
  means a university or other nonprofit institution of higher education
  incorporated or formed under the laws of a State, the District of Columbia,
  or any territory or possession of the United States.'.