Ask AI
S. 1093

Agricultural Patent Reform Act of 1984

Agricultural Patent Reform Act of 1984 - Amends the patent laws to extend the terms of patents which encompass specified products or methods for using a product, including methods of manufacturing which primarily use recombinant DNA technology, any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a five-year limitation on the extension and a 25-year maximum patent term for the earliest filing.

Directs the Commissioner of Patents to notify the appropriate Federal agency upon receipt from the product sponsor of a notice of extension to determine the applicable regulatory review period and whether, within that period, the sponsor acted with due diligence. Provides for notice and informal hearings for persons interested in such determinations. Permits the setting of fees to cover the costs of review.

Directs the Commissioner, upon a final determination of the applicable regulatory review period, to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent.

Limits the application of such patent term extension to patents for: (1) any new animal drug or antibiotic subject to regulation under the Federal Food, Drug, and Cosmetic Act; (2) any veterinary biological product subject to regulation under the Virus-Serum-Toxin Act; (3) any pesticide subject to regulation under the Federal Insecticide, Fungicide, and Rodenticide Act; and (4) any chemical substance or mixture subject to regulation under the Toxic Substances Control Act.

Subcommittee on Patents, Copyrights and Trademarks. Approved for full committee consideration with an amendment in the nature of a substitute favorably.

Sen. Mathias, Charles McC., Jr. [R-MD](R-MD)Sponsor
27 cosponsors11 D16 R
27cosponsors1committees7actions16subjects
  1. Committee

    Subcommittee on Patents, Copyrights and Trademarks. Approved for full committee consideration with an amendment in the nature of a substitute favorably.

    Intellectual Property Subcommittee
  2. Committee

    Subcommittee on Patents, Copyrights and Trademarks. Hearings held. Hearings printed: S.Hrg. 99-444.

    Intellectual Property Subcommittee
  3. Committee

    Committee on Judiciary received executive comment from Patent and Trademark Office (Commerce Department).

    Judiciary Committee
  4. Committee

    Committee on Judiciary requested executive comment from Justice Department, Patent and Trademark Office (Commerce Department).

    Judiciary Committee
  5. Committee

    Referred to Subcommittee on Patents, Copyrights and Trademarks.

    Intellectual Property Subcommittee
  6. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  7. IntroReferral10000

    Introduced in Senate

Agricultural Patent Reform Act of 1984 — Informed