Drug Price Competition and Patent Term Restoration Act information
US law
Drug Price Competition and Patent Term Restoration Act
Long title
An Act to amend the Federal Food, Drug, and Cosmetic Act to revise the procedures for new drug applications, to amend title 35, United States Code, to authorize the extension of the patents for certain regulated products, and for other purposes.
Acronyms (colloquial)
Hatch-Waxman amendments
Enacted by
the 98th United States Congress
Effective
September 24, 1984
Citations
Public law
98-417
Statutes at Large
98 Stat. 1585
Codification
Acts amended
Federal Food, Drug, and Cosmetic Act
Titles amended
21 U.S.C.: Food and Drugs
U.S.C. sections amended
21 U.S.C. ch. 9 § 301
21 U.S.C. ch. 9, subch. V §§ 355 & 360cc
Legislative history
Introduced in the Senate as S. 1538 by Charles Mathias (R–MD) on June 23, 1983
Committee consideration by Judiciary
Passed the Senate on June 29, 1984 (voice vote agreed)
Passed the House on September 6, 1984 (voice vote agreed, with amendments)
Reported by the joint conference committee on September 6, 1984; agreed to by the Senate (agreeing to House amendments) on September 12, 1984 (voice vote) and by the Senate on September 19, 1984 (signed)
Signed into law by President Ronald Reagan on September 24, 1984
Regulation of therapeutic goods in the United States
Prescription drugs Over-the-counter drugs
Law
Federal Food, Drug, and Cosmetic Act
CDAPCA
Controlled Substances Act
Prescription Drug Marketing Act
Hatch-Waxman Act
exemptions
Marihuana Tax Act of 1937
Government agencies
Department of Health and Human Services
Food and Drug Administration
Department of Justice
DEA
Process
Drug discovery
Drug design
Drug development
New Drug Application
Investigational New Drug
Clinical trial
phases
Randomized controlled trial
Pharmacovigilance
Abbreviated New Drug Application
Fast track approval
Off-label use
International coordination
ICH
Uppsala Monitoring Centre
WHO
CIOMS
Single Convention on Narcotic Drugs
Non-governmental organizations
National Academy of Medicine
RADAR
NORML
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United States patent law
Legislation
American Inventors Protection Act
Bayh–Dole Act
Invention Secrecy Act
Hatch-Waxman Act
Leahy–Smith America Invents Act
Title 35 of the United States Code
Types of patent claims
Article of manufacture
Composition of matter
Machine
Method
Procedures
Inter partes review
Markman hearing
Reexamination
Other topics
United States Patent and Trademark Office
Patent Trial and Appeal Board
Exhaustion
Infringement
Misuse
Term of patent
Manual of Patent Examining Procedure (MPEP)
History
Biological patents
Software patents
List of patent law cases
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The Drug Price Competition and Patent Term Restoration Act (Public Law 98-417), informally known as the Hatch-Waxman Act, is a 1984 United States federal law that established the modern system of generic drug regulation in the United States. The Act's two main goals are to facilitate entry of generic drugs into the market and to compensate the original drug developers for regulatory delays by the Food and Drug Administration. It is generally believed that the Act accomplished both goals: encouraging development of new medications and accelerating market entry of generics.[1]
Representative Henry Waxman of California and Senator Orrin Hatch of Utah sponsored the act.
^The Future of Patent Protection for Post-FDA-Approved Generics: A Look at the Federal Circuit’s Incongruous Interpretations of the “Safe Harbor” Provision in 35 U.S.C. § 271(e)(1). 2014. Seton Hall Circuit Review. 10/2, 7. A. Robertson. https://scholarship.shu.edu/circuit_review/vol10/iss2/7/
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