On June 23, the House approved, 304-117, the America Invents Act (H.R. 1249). The House Judiciary Committee passed the bill on June 1.
H.R. 1249 would reform the system by which the U.S. Patent and Trademark Office (USPTO) issues patents. According to the committee report, patent law grants limited, but exclusive, rights to inventors for their inventions, requires disclosure of the invention, and, after a certain number of years, terminates the monopoly of an inventor over the invention.
The measure includes language from H.R. 2276, a bill sponsored by Rep. Debbie Wasserman Schultz (D-FL), to require the director of the USPTO to study the most effective ways for patients to access independent second opinions of genetic test results in the event that the genetic test has been exclusively patented. Genetic testing has been helpful in identifying the BRCA-2 gene, which increases women’s risks of breast and ovarian cancer.
During consideration of the bill, the House approved, by voice vote, an amendment by Rep. Gwen Moore (D-WI) to direct the USPTO to develop methods for studying the diversity of patent applicants, including those applicants who are women, minorities, or veterans. The results of such a study would not be used for preferential treatment in the patent approval process.
