Legis Daily

Interagency Patent Coordination and Improvement Act of 2025

USA119th CongressS-1097| Senate 
| Updated: 4/10/2025
Richard J. Durbin

Richard J. Durbin

Democratic Senator

Illinois

Cosponsors (4)
Thomas Tillis (Republican)Christopher A. Coons (Democratic)Peter Welch (Democratic)Chuck Grassley (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill establishes a new Interagency Task Force on Patents , bringing together the United States Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA). This task force aims to improve coordination, communication, and information sharing between the two agencies concerning patents for human drugs and biological products. Its primary goal is to ensure greater accuracy and consistency in patent representations and to provide patent examiners with crucial information housed at the FDA, recognizing that patent decisions often intersect with FDA data. Composed of employees from both agencies with relevant expertise, the task force will operate under a memorandum of understanding. Key activities include sharing general processes, review considerations, and evaluation methods through routine meetings and training sessions, alongside exchanging information on new patent and product approvals, technologies, prior art, and scientific trends. A crucial provision requires the FDA to provide the USPTO with information regarding public availability of drug approval data and, when necessary, access to relevant non-public product application and labeling information for patent examination purposes. Additionally, the FDA Commissioner will consult with or furnish specific information to the USPTO Director upon request to assist patent examiners. To protect sensitive data, the task force must establish rigorous confidentiality protocols , including a 30-day notice period for sponsors before sharing information and procedures for the USPTO Director to safeguard confidential data separately from pending applications. Within four years of enactment, the USPTO Director must report to Congress on the task force's effectiveness, identifying useful information-sharing methods and recommending any necessary changes or further interagency coordination opportunities.

Bill Text Versions

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2 versions available

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Timeline

Bill from Previous Congress

S 117-4430
Interagency Patent Coordination and Improvement Act of 2022

Bill from Previous Congress

S 118-79
Interagency Patent Coordination and Improvement Act of 2023
Mar 24, 2025
Introduced in Senate
Mar 24, 2025
Read twice and referred to the Committee on the Judiciary. (text: CR S1804-1805)
Apr 3, 2025
Committee on the Judiciary. Ordered to be reported with amendments favorably.
Apr 10, 2025
Committee on the Judiciary. Reported by Senator Grassley with amendments. Without written report.
Apr 10, 2025
Placed on Senate Legislative Calendar under General Orders. Calendar No. 41.
Jul 21, 2025

Latest Companion Bill Action

HR 119-4570
Introduced in House
  • Bill from Previous Congress

    S 117-4430
    Interagency Patent Coordination and Improvement Act of 2022


  • Bill from Previous Congress

    S 118-79
    Interagency Patent Coordination and Improvement Act of 2023


  • March 24, 2025
    Introduced in Senate


  • March 24, 2025
    Read twice and referred to the Committee on the Judiciary. (text: CR S1804-1805)


  • April 3, 2025
    Committee on the Judiciary. Ordered to be reported with amendments favorably.


  • April 10, 2025
    Committee on the Judiciary. Reported by Senator Grassley with amendments. Without written report.


  • April 10, 2025
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 41.


  • July 21, 2025

    Latest Companion Bill Action

    HR 119-4570
    Introduced in House

Commerce

Related Bills

  • HR 119-4570: Interagency Patent Coordination and Improvement Act of 2025
Administrative remediesDepartment of CommerceDrug safety, medical device, and laboratory regulationFood and Drug Administration (FDA)Intellectual propertyIntergovernmental relations

Interagency Patent Coordination and Improvement Act of 2025

USA119th CongressS-1097| Senate 
| Updated: 4/10/2025
This bill establishes a new Interagency Task Force on Patents , bringing together the United States Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA). This task force aims to improve coordination, communication, and information sharing between the two agencies concerning patents for human drugs and biological products. Its primary goal is to ensure greater accuracy and consistency in patent representations and to provide patent examiners with crucial information housed at the FDA, recognizing that patent decisions often intersect with FDA data. Composed of employees from both agencies with relevant expertise, the task force will operate under a memorandum of understanding. Key activities include sharing general processes, review considerations, and evaluation methods through routine meetings and training sessions, alongside exchanging information on new patent and product approvals, technologies, prior art, and scientific trends. A crucial provision requires the FDA to provide the USPTO with information regarding public availability of drug approval data and, when necessary, access to relevant non-public product application and labeling information for patent examination purposes. Additionally, the FDA Commissioner will consult with or furnish specific information to the USPTO Director upon request to assist patent examiners. To protect sensitive data, the task force must establish rigorous confidentiality protocols , including a 30-day notice period for sponsors before sharing information and procedures for the USPTO Director to safeguard confidential data separately from pending applications. Within four years of enactment, the USPTO Director must report to Congress on the task force's effectiveness, identifying useful information-sharing methods and recommending any necessary changes or further interagency coordination opportunities.

Bill Text Versions

View Text
2 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 117-4430
Interagency Patent Coordination and Improvement Act of 2022

Bill from Previous Congress

S 118-79
Interagency Patent Coordination and Improvement Act of 2023
Mar 24, 2025
Introduced in Senate
Mar 24, 2025
Read twice and referred to the Committee on the Judiciary. (text: CR S1804-1805)
Apr 3, 2025
Committee on the Judiciary. Ordered to be reported with amendments favorably.
Apr 10, 2025
Committee on the Judiciary. Reported by Senator Grassley with amendments. Without written report.
Apr 10, 2025
Placed on Senate Legislative Calendar under General Orders. Calendar No. 41.
Jul 21, 2025

Latest Companion Bill Action

HR 119-4570
Introduced in House
  • Bill from Previous Congress

    S 117-4430
    Interagency Patent Coordination and Improvement Act of 2022


  • Bill from Previous Congress

    S 118-79
    Interagency Patent Coordination and Improvement Act of 2023


  • March 24, 2025
    Introduced in Senate


  • March 24, 2025
    Read twice and referred to the Committee on the Judiciary. (text: CR S1804-1805)


  • April 3, 2025
    Committee on the Judiciary. Ordered to be reported with amendments favorably.


  • April 10, 2025
    Committee on the Judiciary. Reported by Senator Grassley with amendments. Without written report.


  • April 10, 2025
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 41.


  • July 21, 2025

    Latest Companion Bill Action

    HR 119-4570
    Introduced in House
Richard J. Durbin

Richard J. Durbin

Democratic Senator

Illinois

Cosponsors (4)
Thomas Tillis (Republican)Christopher A. Coons (Democratic)Peter Welch (Democratic)Chuck Grassley (Republican)

Judiciary Committee

Commerce

Related Bills

  • HR 119-4570: Interagency Patent Coordination and Improvement Act of 2025
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative remediesDepartment of CommerceDrug safety, medical device, and laboratory regulationFood and Drug Administration (FDA)Intellectual propertyIntergovernmental relations