Innovation and Patent Law Reform: Hearings Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, Ninety-eighth Congress, Second Session, on H.R. 3285, H.R. 3286, and H.R. 3605 ... March 28, April 26, and June 6, 27, 1984, Part 1U.S. Government Printing Office, 1985 - 2897 pages |
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Page vi
... Testing and Approval Prior to Expiration of Patent on Brand Name Drug ....... 923 ( b ) Memorandum from Amster , Rothstein & Engelbert , Section 202 of H.R. 3605 Is Not Unconstitutional . 926 ( c ) Constitutionality of § 202 of Patent ...
... Testing and Approval Prior to Expiration of Patent on Brand Name Drug ....... 923 ( b ) Memorandum from Amster , Rothstein & Engelbert , Section 202 of H.R. 3605 Is Not Unconstitutional . 926 ( c ) Constitutionality of § 202 of Patent ...
Page 179
... testing procedure used to determine the efficacy of Impro's patented product . The Subcommittee attempted many times to get the true story out of the Depart- ment , to no avail . Two Under Secretaries of Agriculture in both Democratic ...
... testing procedure used to determine the efficacy of Impro's patented product . The Subcommittee attempted many times to get the true story out of the Depart- ment , to no avail . Two Under Secretaries of Agriculture in both Democratic ...
Page 180
... tests . VBD sent out an official announce- ment regarding the issuance of the special license . When a USDA scientist , who was in a research agency of USDA and had no position in VBD nor any regulatory re- sponsibilities under the VST ...
... tests . VBD sent out an official announce- ment regarding the issuance of the special license . When a USDA scientist , who was in a research agency of USDA and had no position in VBD nor any regulatory re- sponsibilities under the VST ...
Page 182
... tests by Impro showing contrary results " and that USDA denied Impro a permanent license not only because USDA " believed " that our test results showed that the product was not efficacious , but also because Impro failed to pro- vide ...
... tests by Impro showing contrary results " and that USDA denied Impro a permanent license not only because USDA " believed " that our test results showed that the product was not efficacious , but also because Impro failed to pro- vide ...
Page 184
... testing that has to be done in any way . This process may take upwards of 7 years or more . All the while the patent clock is ticking away . Very quickly a 17 - year patent has an effective patent life of 10 years or even less many ...
... testing that has to be done in any way . This process may take upwards of 7 years or more . All the while the patent clock is ticking away . Very quickly a 17 - year patent has an effective patent life of 10 years or even less many ...
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Common terms and phrases
Abbreviated New Drug active ingredient Administration of Justice agricultural chemicals American ANDA animal drugs animal health products approval benefits beta blockers bill biotechnology Bolar Chairman Civil Liberties claim commercial Commissioner Committee companies compensation competition Congress constitutional consumers costs disclosure drug application drug products effective employee enactment exclusive expiration Federal FIFRA Fifth Amendment filing Food herbicide industry innovation inventors issue Judiciary June 27 KASTENMEIER legislation license litigation manufacturers Monsanto MONSANTO CO MOSSINGHOFF Patent and Trademark patent application patent extension patent holder patent infringement patent law patent owner patent protection patent rights patent system patent term extension patent term restoration pesticide pharmaceutical prior art proposed regulation regulatory review period research and development right to exclude RUCKELSHAUS Section 202 statute Subcommittee on Courts submitted Supreme Court testing tion trade secrets Trademark Office Tucker Act United United States Code Washington WEGNER
Popular passages
Page 879 - Government hardly could go on if to some extent values incident to property could not be diminished without paying for every such change in the general law. As long recognized, some values are enjoyed under an implied limitation and must yield to the police power.
Page 349 - A trade secret may consist of any formula, pattern, device, or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it.
Page 383 - RNA, hybridoma technology, or other processes involving site specific genetic manipulation techniques) solely for uses reasonably related to the development and submission of information under a Federal law which regulates the manufacture, use, or sale of drugs or veterinary biological products.
Page 89 - ... application shall have the same effect, as to such invention, as though filed on the date of the prior application, if filed before the patenting or abandonment of or termination of proceedings on the first application or...
Page 337 - Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, DC 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.
Page 351 - property' as applied to trademarks and trade secrets is an unanalyzed expression of certain secondary consequences of the primary fact that the law makes some rudimentary requirements of good faith.
Page 721 - Exceptional circumstances will modify the most carefully guarded rule; but, as a general thing, we should say that the compensation to the owner is to be estimated by reference to the uses for which the property is suitable, having regard to the existing business or wants of the community, or such as may be reasonably expected in the immediate future.
Page 763 - Every patent shall contain a short title of the invention and a grant to the patentee, his heirs or assigns, for the term of seventeen years, subject to the payment of issue fees as provided for in this title, of the right to exclude others from making, using, or selling the invention throughout the United States, referring to the specification for the particulars thereof.
Page 734 - Not only no such power is given, but it is absolutely prohibited, both to the executive and the legislative, to deprive any one of life, liberty or property without due process of law, or to take private property without just compensation.
Page 387 - It shall not be an act of infringement to make, use, offer to sell, or sell within the United States or import into the United States a patented invention . . . solely for uses reasonably related to the development and submission of information under a Federal law which regulates the manufacture, use, or sale of drugs or veterinary biological products.