Interagency Patent Coordination and Improvement Act of 2025

This bill establishes an Interagency Task Force on Patents between the United States Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA). Congress recognizes that USPTO patent examiners can benefit from additional information housed at other federal agencies, particularly for assessing prior art and ensuring consistency in patent applications related to human drugs and biological products . The task force's core purpose is to coordinate efforts, improve communication, and ensure effective implementation of activities concerning these patents. Comprised of employees from both agencies with relevant expertise, the task force will facilitate reciprocal access to information. Its key activities include sharing general process information, data on new patent and product approvals, new technologies, prior art, and scientific trends. A crucial function involves establishing a process for the FDA to provide the USPTO with information regarding drug and biological product approvals, including public availability dates and, when necessary, access to non-public application and labeling information for patent examiners. Additionally, the USPTO will assist the FDA in its ministerial role of listing patents. The bill mandates the task force to establish robust protocols to safeguard the confidentiality of shared information. These protocols require a 30-day notice to product sponsors before information is shared and mandate that the USPTO keep confidential data separate from pending patent applications. Within four years of enactment, the USPTO Director must report to Congress on the task force's effectiveness, identifying useful information types and recommending future interagency coordination opportunities.