Us Congress 2023-2024 Regular Session

Us Congress House Bill HB1717

Introduced
3/22/23  

Caption

Interagency Patent Coordination and Improvement Act of 2023

Impact

The establishment of the Interagency Task Force on Patents is expected to streamline the evaluation of patents related to pharmaceutical products. By sharing information on patent approvals, product applications, and scientific developments, the USPTO can make informed decisions based on comprehensive data. This could lead to faster patent processing times and ultimately foster a more robust environment for innovation in drug development.

Summary

House Bill 1717, titled the 'Interagency Patent Coordination and Improvement Act of 2023', aims to create an interagency task force between the United States Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA). This task force will enhance coordination regarding patent processes and facilitate information sharing critical for the evaluation and patenting of human drugs and biological products. The primary objective of this bill is to ensure that patent examiners at the USPTO have access to the relevant data from the FDA, which could potentially improve the quality and efficiency of patent examinations.

Contention

Notably, there are implications regarding the confidentiality of information shared between the agencies. The bill addresses the need to safeguard proprietary data while also enhancing access between the USPTO and FDA. Moreover, there could be debates on the extent of the coordination and potential power shifts between these agencies, particularly concerning the listing and management of patents. Critics may express concern over the protection of confidential information and the balance of power between regulatory and patent authorities.

Companion Bills

US SB79

Same As Interagency Patent Coordination and Improvement Act of 2023 This bill establishes the Interagency Task Force on Patents to support coordination and communication between the U.S. Patent and Trademark Office (PTO) and the Food and Drug Administration (FDA) on activities relating to patents for human drugs and biological products. The task force's duties shall include sharing information about (1) the processes of each agency, including how each agency evaluates applications (e.g., patent applications at the PTO and new drug applications at the FDA); and (2) new approvals of patents, human drugs, biological products, and new technologies. The task force must also establish a process that requires (1) the PTO to request from the FDA information relating to certain patent applications to help patent examiners carry out their duties, (2) the FDA to provide such information to the PTO, and (3) the PTO to assist the FDA in its ministerial role of listing patents.

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