Terminating the Extension of Rights Misappropriated Act of 2019 or the Term Act of 2019
This bill addresses double patenting with respect to drug-related patents. Specifically, the bill requires an owner of drug-related patents, if the owner lists more than one patent as covering a particular drug, to prove in certain proceedings that each patent covers a distinct invention. If the patent owner fails to do so, then the owner shall have disclaimed patent protection from all the listed patents after the first patent expires.
This requirement shall apply to various proceedings challenging the validity of drug-related patents, as well as to infringement lawsuits filed by the patent owner against companies seeking Food and Drug Administration approval for generic or biosimilar versions of patented drugs.
The bill also directs the U.S. Patent and Trademark Office (USPTO) to review its examination procedures to prevent granting multiple patents for the same drug or biological product, unless the patents cover distinct inventions. The USPTO shall report to Congress its findings and recommendations from the review.