FDA/Patent Office Coordination Bill Advances

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A bill that would establish a task force between the U.S. Patent and Trademark Office (USPTO) and FDA to improve communication and coordination in implementing each agency’s activities related to drug patents has been advanced by voice vote in the Senate Judiciary Committee. The Interagency Patent Coordination and Improvement Act of 2022 (S.4430) was introduced last month by Sens. Dick Durbin (D-IL), chair of the Senate Judiciary Committee, ranking member Chuck Grassley (R-IA) and Thom Tillis (R-NC).

“Currently, there is very limited collaboration between USPTO and FDA, despite both agencies playing a role related to patents and competition,” the lawmakers said in an earlier release. “By incentivizing coordination, we can empower patent examiners and in turn boost competition, including for prescription drugs,” Durbin says. “Having access to accurate prior art is critical to ensure that the USPTO issues high-quality patents,” Tillis says. “By improving coordination between the USPTO and FDA, Congress can ensure that patent examiners have access to all of the relevant information that they need to help them make a sound determination regarding patentability.”

Specifically, the task force created by the legislation would:

  • enhance information sharing on each agency’s processes, standards and methods
  • improve dialog on new technologies and scientific trends
  • enable confidential reciprocal access to information, if requested and only as needed
  • ensure accurate representations by companies between the two agencies and ensure accuracy of patent listings.

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