Biotechnology Patent Protection Act of 1993 : report (to accompany S. 298).

  • United States Senate Committee on the Judiciary
Date:
[1993]
Catalogue details

Licence: Public Domain Mark

Credit: Biotechnology Patent Protection Act of 1993 : report (to accompany S. 298). Source: Wellcome Collection.

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    (2) the claimed process is a biotechnological process as de- fined in subsection (d); and (3)(A) the machine, manufacture, or composition of matter, and the claimed process invention at the time it was made, were owned by the same person or subject to an obligation of assignments to the same person; and (B) claims to the process and to the machine, manufacture, or composition of matter— (i) are entitled to the same effective filing date; and (tt) appear in the same patent application, different pat- ent applications, or patent which is owned by the same per- son and which expires or is set to expire on the same date. (d) For purposes of this section, the term “biotechnological proc- ess” means any method of making or using living organisms, or parts thereof, for the purpose of making or modifying products. Such term includes recombinant DNA, recombinant RNA, cell fu- sion including hybridoma techniques, and other processes involving site specific manipulation of genetic material. * * * * * * * CHAPTER 14—ISSUE OF PATENT * * * * * * * § 154. Contents and term of patent (a) Every patent shall contain a short title of the invention and a grant to the patentee, his heirs or assigns, for the term of seven- teen years, subject to the payment of fees as provided for [in this title] in this title, (1) of the right to exclude others from making, using, or selling the invention throughout the United States [and, if the invention], (2) if the invention is a process, of the right to exclude others from using or selling throughout the United States, or importing into the United States, products made by that process, and (3) if the invention is a biotechnological material used in mak- ing a product, of the right to exclude others from using or selling throughout the United States, or importing into the United States the product made or using such biotechnological material, referring to the specification for the particulars thereof. A copy of the speci- fication and drawings shall be annexed to the patent and be a part thereof. (Amended July 24, 1965, Public Law 89-83, sec. 5, 79 Stat. 261; December 12, 1980, Public Law 96-517, sec. 4, 94 Stat. 3018; August 23, 1988, Public Law 100-418, sec. 9002, 102 Stat. 1563.) (6) For purposes of this section, the term “biotechnological mate- rial” is defined as any material (including a host cell, DNA se- quence, or vector) that is used in a biotechnological process as de- fined under section 103(d). x * * * * * * CHAPTER 28—INFRINGEMENT OF PATENTS * * * * * * *