US SB1097

Establishes an Interagency Task Force on Patents between the U.S. Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA) to coordinate on patents for human drugs and biological products

Requires the USPTO Director and FDA Commissioner to enter a memorandum of understanding and appoint staff with expertise in operational, technical, medical, and scientific matters to the task force

Creates processes for FDA to share drug/biologic approval information, labeling data, and communications with patent examiners to help assess prior art and verify whether inventions were on sale before patent filing dates

Mandates confidentiality protocols including 30-day sponsor notice before sharing information, procedures to keep shared data separate from pending applications, and remedies for inadvertent disclosure of confidential information

Requires USPTO to submit a report to Congress within 4 years describing how often FDA information is shared and used in patent examinations, which methods are most useful, and recommendations for expanding coordination to other federal agencies