WASHINGTON – Sen. Chuck Grassley (R-Iowa) is partnering with Sens. Dick
Durbin (D-Ill.), Chair of the Senate Judiciary Committee, Thom Tillis (R-N.C.) and
Chris Coons (D-Del.) to introduce bipartisan legislation that would establish a
task force between the United States Patent and Trademark Office (USPTO) and
the Food and Drug Administration (FDA) to improve communication and
coordination in implementing each agency’s activities related to patents.
Currently, there is limited collaboration between USPTO and FDA, despite both
agencies playing a role related to patents and competition. This
legislation passed out of the Senate Judiciary Committee in the 117th
Congress by voice vote.
“When government agencies fail to coordinate
effectively, taxpayers are the ones who pay the price. The USPTO and the FDA
would benefit from improved communication and cooperation. Our proposed task
force will encourage enhanced collaboration between the agencies, in turn
helping taxpayers by increasing competition and trimming bureaucratic red
tape,” Grassley
said.
“Establishing clear avenues for collaboration
between USPTO and FDA is essential for both agencies to operate smoothly and do
their jobs effectively,” Durbin said. “By
incentivizing coordination, we can empower patent examiners and in turn boost
competition, including for prescription drugs. Our government operates best
when we work together, and I thank Senators Tillis, Coons, and Grassley for
joining me in this bipartisan effort.”
“By improving coordination between the USPTO
and FDA, Congress will ensure that patent examiners have access to all of the
relevant information that they need to help them make a sound determination
regarding patentability,” Tillis said. “This bill is a simple good-government measure that will protect the
strength of the patent system, improve patent quality, and cut down on
unnecessary bureaucracy.”
“Improving communication between the FDA and
the USPTO will help incentivize innovation and ensure our continued leadership
on the global stage,” Coons said. “Fostering efficiency and reducing bureaucracy among these agencies will
benefit consumers and manufacturers alike, and I’m proud to join a bipartisan
group of Senate colleagues in this effort. “
Given the shared interaction and overlapping jurisdiction between USPTO
and FDA, this legislation promotes efficiency and good governance by fostering communication
between the two agencies, while respecting their distinct
purviews. Specifically, the task force created by this legislation would:
enhance information sharing on each agency’s processes, standards, and methods;
improve dialogue on new technologies and scientific trends; and enable
confidential reciprocal access to information, if requested and only as needed,
related to prior art, accurate representations by companies between the two
agencies, and accuracy of patent listings.
This bipartisan legislation is endorsed by AARP and Patients for
Affordable Drugs Now.
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