S. 3630. I wonder what percentage of patentees would take this trade-off. Patents covering COVID-19 related inventions rights don’t begin until the National Emergency officially ends; 10 years is then added to the patent term.
- Eligible Patent – a patent issued for a new or existing pharmaceutical, medical device, or other process, machine, manufacture, or composition of matter, or any new and useful improvement thereof used or intended for use in the treatment of the Coronavirus Disease 2019 (COVID–19).
- The term of any eligible patent shall not begin until the date on which the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to that disease terminates.
- The term of the patent shall extend for 10 years longer than it otherwise would under such title.