SENATE ARMED SERVICES COMMITTEE ADVANCES FY2027 NDAA WITH MILITARY RIGHT-TO-REPAIR PROVISIONS
The Senate Armed Services Committee completed its markup of the Fiscal Year 2027 National Defense Authorization Act (NDAA) (S. 4784) last week, advancing a version of the bill that incorporates provisions of the Warrior Right to Repair Act (S. 2209). Specifically, this version of the bill will expand the military’s access to repair materials, hold contractors accountable for falsely asserting restrictions, and give the military flexibility to contract with other companies to perform repairs during wartime and contingency operations.
The Senate action follows the House Armed Services Committee, which approved its companion bill (H.R. 8800) on June 5. The House committee adopted an alternative right-to-repair amendment that would establish “government purpose rights” for any technical data, computer software, or computer software documentation delivered under Department of Defense contracts, unless the contractor establishes entitlement to more restrictive rights by clear and convincing evidence. HASC Committee Chairman Rep. MIKE ROGERS (R-AL) opposed the amendment, warning that it would grant the government overly broad rights to intellectual property developed at private expense.
Both the Senate and House bills will now head to floor votes and given their differences will require reconciliation in conference before the NDAA can become law.
SENATE HELP COMMITTEE TO MARK UP MEDICATION AFFORDABILITY AND PATENT INTEGRITY ACT TODAY
The Senate Committee on Health, Education, Labor, and Pensions (HELP) is scheduled to meet today, June 17, at 10:00 a.m. to consider several bills, including S. 2658, the Medication Affordability and Patent Integrity Act. The bill, introduced by Sens. MAGGIE HASSAN (D-N.H.) and JOSH HAWLEY (R-Mo.), would require sponsors of drug applications to submit patent-related information to both the FDA and the USPTO and certify that submissions to the two agencies are complete and consistent. IPO sent a letter to the committee opposing S. 2658, arguing that it is based on unsupported allegations that innovators make material inconsistencies between FDA and USPTO submissions despite the existing duty of candor to the USPTO. IPO also warned against exposing confidential FDA regulatory materials by making them available during patent prosecution and expressed concern with imposing technology-specific requirements on obtaining patents for biopharmaceutical inventions.
The committee released a manager’s amendment to the bill, along with amendments filed for consideration during today’s markup. An amendment from Sen. JIM BANKS (R-IN) would add safeguards intended to keep FDA-derived information submitted to the USPTO from being publicly disclosed. Two amendments from Sen. JON HUSTED (R-OH) would narrow the bill’s new infringement defense: the first would make the defense available only where the accused infringer proves that, but for the failure to disclose required information, the USPTO would not have granted the patent; the second would deny the defense to any party that qualifies as a “covered foreign person” under the Defense Production Act of 1950.
The markup will be held in 430 Dirksen Senate Office Building and streamed live by the HELP Committee.
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