WASHINGTON _ The House Judiciary Committee on Wednesdayby unanimous voice vote reported out a bill that would extend U.S.patent recognition to novel biotechnology processes. The bill, HR587, is now cleared for a House floor vote.

Similar legislation has been approved by the Senate three times andthe House once. Biotechnology industry lobbyists are hopeful theyfinally will see passage of the legislation this year.

Bill sponsor Rep. Carlos Moorhead (R-Calif.), at the markup, saidthe legislation was necessary to end the administrative limbo in whichthe U.S. Patent and Trademark Office (PTO) found itself after twoconflicting court decisions.

"Congress needs to resolve the impasse by approving thislegislation," Moorhead said, "to assist the biotech industry that hasover $5 billion in revenues, has created 103,000 jobs and spent $7billion on research and development alone in 1994."

Rep. Pat Schroeder (D-Colo.) said passage was critical to "ensurepatent law keeps pace with technology."

The bill makes it easier for biotechnology firms to win processpatents by modifying the test for obtaining a process patent.

In a related development, the PTO announced Wednesday that it wasscuttling its March 27 proposed policy that would have grantedbrand-name drug manufacturers additional patent protection. In afinal determination that was published in the June 7 Federal Register,the PTO said that drug manufacturers must choose which protectiontheir patents would enjoy, but could not use both.

Drug makers can seek protection of 17 years from the date of issue or20 years from the date of filing, as specified under the GeneralAgreement on Tariffs and Trade (GATT).

On March 27, the PTO published a document requesting publiccomment on its proposal that would have given brand name drugseven longer patent protection. But the PTO said it reviewed publiccomments and decided that its original proposal was "notappropriate," according to the June 6 Federal Register notice, andthat it was giving manufacturers the choice of either 17 years fromgrant or 20 years from filing.

The PTO's decision comes less than two weeks after the FDA handedthe brand name pharmaceutical houses a big victory when itrecognized the longer patent protections under GATT. (SeeBioWorld Today, May 29, 1995, p. 1.) n

-- Michele L. Robinson Washington Editor

(c) 1997 American Health Consultants. All rights reserved.