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.102nd Congress (1991-1992)
|Sponsor:||Rep. Levine, Mel [D-CA-27] (Introduced 09/25/1992)|
|Committees:||House - Judiciary|
|Latest Action:||House - 09/28/1992 Referred to the Subcommittee on Intellectual Property and Judicial Administration. (All Actions)|
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Text: H.R.6038 — 102nd Congress (1991-1992)All Information (Except Text)
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Introduced in House
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.'.