,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #caii  ,,in ,,the ,,house ,,of  
,,representatives  ,june #aa1 #bjai,mr4 
,jeffries 7for himself1 ,mr4 ,collins of
 ,georgia1 ,ms4 ,mucarsel-,powell1 and  
,mr4 ,cline7 introduced the following   
bill2 which was referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to amend title #ce1 ,united ,states    
,code1 to prevent double patenting1 and 
for other purposes4  #a4 ,short title   
,this ,act may be cited as the          
,terminating the ,extension of ,rights  
,misappropriated ,act of #bjai or the   
,term ,act of #bjai4  #b4 ,prevention of
 double patenting  7a7 ,in general      
,section #bec of title #ce1 ,united     
,states ,code1 is amended by adding at  
the end the following3  7c7 ,disclaimers
 of drug patent term  7#a7 ,in general  
,except as provided in paragraph 7#b71  
in a proceeding challenging the validity
 of patents under section #eje7;c7 of   
the ,federal ,food1 ,drug1 and ,cosmetic
 ,act 7#ba ,u4,s4,c4 #cee7;c77 with     

respect to a drug1 under section #cea7l7
 of the ,public ,health ,service ,act   
7#db ,u4,s4,c4 #bfb7l77 with respect to 
a biological product1 or a ,federal     
district court proceeding involving     
patents that are the subject of an      
action under section #bga7;e77#b71 the  
patentee shall be presumed to have      
disclaimed the patent term for each of  
the listed patents after the date on    
which the term of the first patent      
expires1 subject to the exceptions      
provided for in subsection 7#b74  7#b7  
,demonstration of distinct inventions   
,if a patentee demonstrates by a        
preponderance of the evidence that      
certain patents described in paragraph  
7#a7 cover patentably distinct          
inventions from the invention claimed in
 the first such patent to expire1 no    
part of the term of any such patent     
shall be presumed to have been          
disclaimed1 and all patent term         
extensions granted by the ,united       
,states ,patent and ,trademark ,office  

shall be respected1 unless and to the   
extent the patentee expressly disclaims1
 in writing1 the patent term for each   
such patent4  4  7b7 ,,uspto review     
7#a7 ,definitions ,in this subsection-- 
7,a7 the term ,office means the ,united 
,states ,patent and ,trademark ,office2 
and  7,b7 the term ,director means the  
,under ,secretary of ,commerce for      
,intellectual ,property and ,director of
 the ,office4  7#b7 ,review ,the        
,director shall conduct a comprehensive 
review of the patent examination        
procedures of the ,office to determine  
whether the ,office--  7,a7 is using    
best examination practices1 guidance1   
and procedures to avoid the issuance of 
patents relating to the same drug1 or   
biological product1 that are not        
patentably distinct from one another1   
and not subject to an appropriate       
disclaimer of patent term2 and  7,b7    
should develop and implement new        
practices1 guidance1 or procedures to-- 
7i7 improve examination of patent       

applications relating to the same drug  
or biological product2 and  7ii7 reduce 
the improper issuance of patents that   
improperly extend the term of           
exclusivity afforded a new drug or      
biological product4  7#c7 ,report ,not  
later than #a year after the date of    
enactment of this ,act1 the ,director   
shall submit to the ,committee on the   
,judiciary of the ,house of             
,representatives a report that          
contains--  7,a7 the findings from the  
review conducted under paragraph 7#b72  
and  7,b7 any recommendations of the    
,director with respect to the review    
conducted under paragraph 7#b74