Provides that, upon timely election by the applicant for patent to proceed, a "biotechnological process" using or resulting in a composition of matter that is novel and nonobvious shall be considered nonobvious if: (1) claims to the process and the composition of matter are contained in either the same application for patent or in separate applications having the same effective date; and (2) the composition of matter and the process at the time it was invented were owned by the same person or subject to an obligation of assignment to the same person.
Specifies that a patent issued on such a process shall: (1) contain the claims to the composition of matter used in or made by that process; or (2) if such composition of matter is claimed in another patent, be set to expire on the same date as such other patent.
Provides that, if a claim to a composition of matter is held invalid and that claim was the basis of a determination of nonobviousness under this title, the process shall no longer be considered nonobvious solely on the basis of provisions of this title.
Confers jurisdiction upon the U.S. Court of Federal Claims to hear, determine, and render conclusions sufficient to inform the Congress of the amount, if any, legally or equitably due upon the claims of Inslaw, Inc., and William and Nancy Hamilton against the United States, arising out of the furnishing of computer software and services to the U.S. Department of Justice. Sets guidelines for the submission of a report to the Congress on that subject. Waives sovereign immunity for purposes of such report.
Ordered to be Reported (Amended).
Reported (Amended) by the Committee on Judiciary. H. Rept. 103-728.
Reported (Amended) by the Committee on Judiciary. H. Rept. 103-728.
Placed on the Union Calendar, Calendar No. 405.
Mr. Hughes moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H9281-9285)
DEBATE - The House proceeded with forty minutes of debate.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate, read twice.
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Measure laid before Senate. (consideration: CR S14433-14434)
Amendment SP 2636 proposed by Senator Ford for Senator DeConcini.
Amendment SP 2637 proposed by Senator Ford for Senator Hatch to Amendment SP 2636.
Amendment SP 2636 agreed to in Senate by Voice Vote.
Amendment SP 2637 agreed to in Senate by Voice Vote.
Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.
Passed Senate with amendments by Voice Vote.
Message on Senate action sent to the House.