H.R.587 - To amend title 35, United States Code, with respect to patents on biotechnological processes.104th Congress (1995-1996)
Summary: H.R.587 — 104th Congress (1995-1996)
Introduced in House (01/19/1995)
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 filing 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 Act, the process shall no longer be considered nonobvious solely on the basis of provisions of this Act.