Source: United States Senator for Delaware Christopher Coons
WASHINGTON – U.S. Senators Chris Coons (D-Del.), Dick Durbin (D-Ill.), Thom Tillis (R-N.C.), and Chuck Grassley (R-Iowa) introduced bipartisan legislation that would establish a task force between the U.S. 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. This legislation passed out of the Senate Judiciary Committee in the 117th Congress by voice vote.
“Improving communication between the FDA and the USPTO will help incentivize innovation and ensure our continued leadership on the global stage,” said Senator Coons. “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.”
“Establishing clear avenues for collaboration between the USPTO and FDA is essential for both agencies to operate smoothly and do their jobs effectively,” said Senator Durbin. “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,” said Senator Tillis. “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.”
“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,” said Senator Grassley.
Given the interaction and overlapping jurisdiction between the 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 that this legislation establishes 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 related to prior art (if requested and only as needed), consistent representations from companies to the two agencies, and accurate patent listings.
This bipartisan legislation is endorsed by AARP and Patients for Affordable Drugs Now.
Along with this bill, Senator Coons has been a leader in patent policy. Senator Coons has worked on creating other fast-tracked U.S. Patent Office services, assisted with the U.S. Patent and Trademark Office, and introduced legislation to protect design patents.
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