S. 79 would establish the Interagency Task Force on Patents to facilitate communication between the Food and Drug Administration (FDA) and the Patent and Trademark Office (PTO) regarding patents for human drugs and biological products. Through the task force, the FDA and PTO would share information about how each agency reviews applications related to drugs and biologics, any new approvals of drugs and biologics, and scientific trends and developments. The task force also would establish a procedure for the FDA to provide information about drugs and biologics to PTO’s patent examiners and PTO would be required to help the FDA list patents associated with approved drugs and biologics. Finally, within four years of enactment, PTO would need to report to the Congress about the activities of the task force.
The costs of the legislation, detailed in Table 1, fall within budget functions 370 (commerce and housing credit) and 550 (health).
