A bill to provide equitable relief for the generic drug industry, and for other purposes.
Pharmaceutical Industry Special Equity Act of 1996 - Declares that certain patent infringement remedies, as the term "patent" has been modified by the Uruguay Round Agreements Act (Uruguay Act), shall not apply to any patent if: (1) the patent is subject to certification under Federal Food, Drug, and Cosmetic Act (FDCA) provisions relating to new drug applications, abbreviated new drug applications, or abbreviated applications for new animal drugs; (2) after enactment of this Act, the certification is made in an application under such provisions accepted for filing before June 8, 1995; and (3) an unappealable final order has been made in an action under specified infringement of patent provisions, finding that the certifier made a substantial investment and establishing the amount of equitable remuneration to be paid by the certifier to the patentee.
Declares that all patents in force on June 8, 1995, are entitled to the full benefit of the Uruguay Act and any extension granted before such date under certain patent provisions.
Requires that, notwithstanding specified patent provisions, the term of a patent be extended for any patent that encompasses within its scope of composition of matter known as a nonsteroidal anti-inflammatory drug if certain circumstances exist.
Expresses the sense of the Senate regarding the concluding of litigation under this Act.
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
Committee on Judiciary. Hearings held.
Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. With written report No. 104-394. Minority views filed.
Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. With written report No. 104-394. Minority views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 640.
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