Interagency Patent Coordination and Improvement Act of 2025

Key Points

• The bill creates a new Interagency Task Force on Patents that brings together the U.S. Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA) to share information about drug and biological product patents.
• Patent examiners would gain access to FDA data, including drug approval details, label updates, and product application information, so they can better evaluate whether a claimed invention is truly new and deserves a patent.
• The task force would help catch inconsistencies between what drug companies tell the FDA during approvals and what they tell the Patent Office during patent applications, including whether an invention was already on sale before filing.
• Before sharing confidential company information between agencies, the drug company must be notified and given 30 days to consult with the agency, and protocols must be established to prevent accidental disclosure.
• The USPTO must report to Congress within four years on how often the agencies shared information, which types of information were most useful, and whether similar coordination should be explored with other federal agencies.

Votes

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