S.1097 - Interagency Patent Coordination and Improvement Act of 2025 (119th Congress)
Summary
S.1097, the Interagency Patent Coordination and Improvement Act of 2025, aims to improve collaboration between the United States Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA). It establishes an interagency task force to share information and provide technical assistance regarding patents, particularly those related to human drugs and biological products. The bill mandates a report from the USPTO Director to Congress on the task force's activities and recommendations.
Expected Effects
The Act will likely lead to more informed patent examinations by the USPTO, leveraging FDA data on drug approvals and related information. This could result in higher quality patents and reduced instances of patents being granted on previously known or obvious inventions. The task force will also assist the FDA in its patent listing duties.
Potential Benefits
- Enhanced patent quality through better access to FDA information.
- Improved consistency between patent claims and FDA-regulated product information.
- Streamlined processes for both USPTO and FDA in handling patent-related matters for drugs and biologics.
- Increased transparency and information sharing between agencies.
- Potential for faster drug approval processes due to better-coordinated patent information.
Potential Disadvantages
- Potential for delays in patent approvals due to increased interagency consultation.
- Risk of confidential information breaches despite the outlined protocols.
- Increased administrative burden on both the USPTO and FDA.
- Possible conflicts between the agencies' respective missions and priorities.
- The effectiveness of the task force depends heavily on the willingness of both agencies to cooperate and share information openly.
Constitutional Alignment
The bill aligns with the Constitution's Article I, Section 8, Clause 8, which grants Congress the power to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. By improving the patent process through interagency coordination, the bill aims to strengthen the patent system and incentivize innovation. The establishment of the task force and the mandated report are within Congress's legislative authority.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).