A bill to amend title 35, United States Code, to provide that a patent owner may not assert sovereign immunity as a defense in certain actions before the United States Patent and Trademark Office, and for other purposes.
Preserving Access to Cost Effective Drugs Act or the PACED Act
This bill prohibits patent owners from asserting tribal sovereign immunity as a defense in certain proceedings before the U.S. Patent and Trademark Office, including patent validity challenge proceedings before the Patent Trial and Appeal Board (PTAB). The prohibition also applies to court actions and proceedings before the International Trade Commission.
Sovereign immunity for foreign states shall apply in the PTAB as it applies in federal court. The abrogation of sovereign immunity shall not apply to states or institutions of higher education (i.e., public state universities and institutions).
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on the Judiciary. Reported by Senator Graham with an amendment in the nature of a substitute. Without written report.
Committee on the Judiciary. Reported by Senator Graham with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 129.
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