To amend title 35, United States Code, to provide for the compulsory licensing of the patents for certain products which have not been commercially marketed or used.
Essential Pharmaceuticals Act of 1994 - Directs the Secretary of Health and Human Services to notify the Commissioner of Patents and Trademarks if the Secretary determines that the owner of a patent which claims a product or a method of using or manufacturing a product and which may be extended has not taken all reasonable steps toward the commercial marketing or use of that product whose availability to the public is of vital importance to the public health or welfare. Requires the Commissioner to provide for the compulsory licensing of all patents relating to that product.
Allows an individual aggrieved by a decision of: (1) the Commissioner under this Act to appeal that decision to the Board of Patent Appeals and Interferences, after paying the fee for such appeal; and (2) the Board to appeal that decision to the United States Court of Appeals for the Federal Circuit.
Introduced in House
Introduced in House
Referred to the House Committee on Judiciary.
Referred to the Subcommittee on Intellectual Property and Judicial Administration.
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