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1 H.R. 1503, Orange Book Transparency Act of 2019 1 (May 1, 2019)

handle is hein.congrec/orgbktr0001 and id is 1 raw text is: 



j   Congressional Budget Office
       Cost Estimate


May 1,2019


By Fiscal Year, Millions of Dollars 2019             2019=2024             2019-2029
Direct Spending (Outlays)              0                   0                     0


Revenues

Deficit Effect


0

0


0

0


0

0


Under current law, the Food and Drug Administration (FDA) publishes a compendium
entitled, Approved Drug Products with Therapeutic Equivalence Evaluations, commonly
referred to as the Orange Book. The Orange Book identifies drug products approved on the
basis of safety and effectiveness by FDA and provides associated patent and exclusivity
information. FDA updates the Orange Book on a regular basis. H.R. 1503 would codify
current regulations and practice regarding the types of patent and exclusivity-related
information listed in the Orange Book.
H.R. 1503 also would require the prompt removal of certain patents from the Orange Book
that have been invalidated by a ruling of the Patent Trial and Appeal Board at the United
States Patent and Trademark Office.

The bill would require FDA to solicit public comments regarding the types of patent
information that should be listed in the Orange Book. Within one year of enactment, FDA
would be required to transmit to the Congress an evaluation of such comments, including
any recommendations about the types of patent information that should be included on or
removed from such list.
In addition, H.R. 1503 would direct the General Accountability Office (GAO) to conduct a
study that analyzes certain patents with claims relating to devices listed in the Orange Book
and evaluates the extent to which listing such patents has affected the timing for the entry of



                See also CBO's Cost Estimates Explained, www,cbo.gov/publication/54437;
  How CBO Prepares Cost Estimates, www.cbo.gov/publication/53519; and Glossary, www cbo~gov/publication/42904.

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