A bill to amend chapter 29 of title 35, United States Code, to provide for a limitation on patent infringements relating to a medical practitioner's performance of a medical activitiy.

Summary

Amends Federal patent law to provide that with respect to a medical practitioner's performance of a medical activity that constitutes an infringement, specified provisions relating to remedies, injunctions, and damages and attorney fees shall not apply against the practitioner or against a related health care entity with respect to such medical activity. Provides that this Act shall not apply to the activities of any person or his or her employee or agent (regardless of whether such person is a tax-exempt organization) who is engaged in the commercial development, manufacture, sale, importation, or distribution of a machine, manufacture, or composition of matter or the provision of pharmacy or clinical laboratory services (other than laboratory services provided in a physician's office), if such activities are: (1) directly related to such endeavors; and (2) regulated under the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, or the Clinical Laboratories Improvement Act.

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3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 24 September 1996

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 24 September 1996

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 24 September 1996

  Open at official source

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