[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2467 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2467

     To grant certain patent rights for certain nonsteroidal anti-
                inflammatory drugs for a 2-year period.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 11, 1995

  Mr. Hastert (for himself, Mr. Porter, Mrs. Collins of Illinois, Mr. 
    Rush, and Mr. Norwood) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
 Committee on Commerce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To grant certain patent rights for certain nonsteroidal anti-
                inflammatory drugs for a 2-year period.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. GRANTING CERTAIN PATENT RIGHTS RELATING TO CERTAIN DRUGS.

    (a) In General.--Any owner on the date of enactment of this Act of 
the right to market a nonsteroidal anti-inflammatory drug that--
            (1) contains a previously patented active agent;
            (2) has been reviewed by the Federal Food and Drug 
        Administration for a period of more than 120 months as a new 
        drug application; and
            (3) was approved as safe and effective by the Federal Food 
        and Drug Administration on October 29, 1992,
shall be entitled, for the 2-year period beginning on October 29, 1997, 
to exclude others from making, using, offering for sale, selling, or 
importing into the United States such active agent, in accordance with 
section 154(a)(1) of title 35, United States Code.
    (b) Infringement.--Section 271 of title 35, United States Code 
shall apply to the infringement of the entitlement provided under 
subsection (a). No application described in section 271(e)(2)(A) of 
title 35, United States Code, regardless of purpose, may be submitted 
prior to the expiration of the entitlement provided under subsection 
(a).
    (c) Notification.--Not later than 30 days after the date of the 
enactment of this Act, any owner granted an entitlement under 
subsection (a) shall notify the Commissioner of Patents and Trademarks 
and the Secretary for Health and Human Services of such entitlement. 
Not later than 7 days after the receipt of such notice, the 
Commissioner and the Secretary shall publish an appropriate notice of 
the receipt of such notice.
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