Summary: H.R.3967 — 107th Congress (2001-2002)All Information (Except Text)

There is one summary for H.R.3967. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (03/14/2002)

Genomic Research and Diagnostic Accessibility Act of 2002 - Revises Federal patent law to extend the exemption from infringement liability for research on genetic sequence information (any order listing of nucleotides composing a portion of an organism's genetic code). Excludes from such exemption (thus subjecting to infringement liability) any individual or entity that is directly engaged in the commercial manufacture, commercial sale, or commercial offer for sale of a drug, medical device, process, or other product using such patent for or patent use of genetic sequence information.

Exempts medical practitioners or related health care entities from patent infringement remedies by reason of their performance of genetic diagnostic, prognostic, or predictive tests.

Repeals patent infringement liability with respect to certain medical activities of persons or their employees or agents who are engaged in the commercial development, manufacture, sale, importation, or distribution of a machine, or composition of matter or the provision of pharmacy or clinical laboratory services (other than clinical laboratory services provided in a physician's office).

Requires funding agreements with small business firms or nonprofit organizations to contain appropriate provisions that require the contractor, within 30 days after applying for a patent on a subject invention which involves a patent for, or a patent for use of, genetic sequence information, to make that information public. Subjects Federal agencies to a similar requirement when applying for patents on genetic sequence information.