Second Look at Drug Patents Act of 2019

Second Look at Drug Patents Act of 2019

This bill addresses the publication of drug patent information.

Drug manufacturers must submit patent information to the U.S. Patent and Trademark Office (USPTO) within 30 days following approval of a new drug application or an abbreviated new drug application. For patents issued after approval of an application, a drug manufacturer must submit the required patent information within 30 days of issuance. The USPTO must publish the patent information and invite requests for patent validity challenges.

The Food and Drug Administration must provisionally list in the Approved Drug Products with Therapeutic Equivalence Evaluations publication (commonly known as the Orange Book) a drug patent submitted to the USPTO in accordance with this bill until the Patent Trial and Appeal Board confirms the patent to be patentable or the patent is not challenged within a specific time frame.