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S. 1111Became Law

A bill to amend title 35, United States Code, with respect to patents on biotechnological processes.

Provides that, upon timely election by the applicant for patent to proceed, a "biotechnological process" using or resulting in a composition of matter that is novel and nonobvious shall be considered nonobvious if: (1) claims to the process and the composition of matter are contained in either the same application for patent or in separate applications having the same effective filing date; and (2) the composition of matter and the process at the time it was invented were owned by the same person or subject to an obligation of assignment to the same person.

Specifies that a patent issued on such a process shall: (1) contain the claims to the composition of matter used in or made by that process; or (2) if such composition of matter is claimed in another patent, be set to expire on the same date as such other patent.

Provides that, if a claim to a composition of matter is held invalid and that claim was the basis of a determination of nonobviousness under this Act, the process shall no longer be considered nonobvious solely on the basis of provisions of this Act.

Became Public Law No: 104-41.

Sen. Hatch, Orrin G. [R-UT](R-UT)Sponsor
1 cosponsor1 D
1cosponsors1committees25actions1related bills9subjects
  1. PresidentE40000

    Became Public Law No: 104-41.

  2. BecameLaw36000

    Became Public Law No: 104-41.

  3. PresidentE30000

    Signed by President.

  4. BecameLaw36000

    Signed by President.

  5. FloorE20000

    Presented to President.

  6. President28000

    Presented to President.

  7. FloorH38700

    A similar measure H.R. 587 was laid on the table without objection.

  8. FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  9. FloorH37100

    On passage Passed without objection.

  10. Floor8000

    Passed/agreed to in House: On passage Passed without objection.

  11. FloorH30000

    Considered by unanimous consent. (consideration: CR H10097-10098)

  12. FloorH30200

    Mr. Moorhead asked unanimous consent to take from the Speaker's table and consider.

  13. FloorH15000

    Held at the desk.

  14. Floor

    Message on Senate action sent to the House.

  15. FloorH14000

    Received in the House.

  16. Floor

    Passed Senate without amendment by Voice Vote. (consideration: CR S14569-14570)

  17. Floor17000

    Passed/agreed to in Senate: Passed Senate without amendment by Voice Vote.(consideration: CR S14569-14570)

  18. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 191.

  19. Committee

    Committee on Judiciary. Reported to Senate by Senator Hatch without amendment. Without written report.

    Judiciary Committee
  20. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Hatch without amendment. Without written report.

    Judiciary Committee
  21. Committee

    Committee on Judiciary. Ordered to be reported without amendment favorably.

    Judiciary Committee
  22. Floor

    Star Print ordered on the bill.

  23. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  24. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S11207)

  25. IntroReferral10000

    Introduced in Senate