Jon Merza's proposed legislation

[James Love <love@cptech.org>]

This is the legislation proposed in Jon Merza's paper, which addresses
compulsory licensing of medical process patents.
jamie

http://www.clinchem.org/cgi/content/full/45/3/324


a bill
To amend chapter 29 of title 35, US Code, to require compulsory
licensing of process patents to providers of clinical laboratory
services. 

Section 1: Compulsory Licensing of Medical Process Patents 

Section 287 of title 35, US Code, is amended by adding at the end the
following new subsection: 

   1.(d) (1) Any medical practitioner or related healthcare entity, as
defined in subsection (c) (2), who is engaged in the performance of
clinical laboratory services shall have a privilege to use any patented
medical process and to make and use any patented composition of matter,
for the purpose of performing clinical laboratory testing. 
   
   2.(2) The privilege created by this subsection does not include the
right to sell any patented composition of matter or composition of
matter made using a patented medical process. 
  

   3.(3) Any person exercising a privilege under this subsection shall,
as sole consideration, pay a reasonable royalty for such use to the
patentee, assignee, or a licensee holding an equitable interest in such
patent, as appropriate. 
  
 4.(4) In the event of litigation regarding the amount of royalties to
be paid pursuant to this subsection, a court having jurisdiction of
patent matters shall determine the reasonable royalty as provided under
section 284 of this title; provided that costs may be allocated between
the parties in accordance with the principles of equity. 
 
  5.(5) This subsection shall apply to patents regardless of the date of
issue. 



-- 
James Love, Director, Consumer Project on Technology
I can be reached at love@cptech.org, by telephone 202.387.8030,
by fax at 202.234.5176. CPT web page is http://www.cptech.org