To require the Director of the United States Patent and Trademark Office to conduct a study on effective ways to provide confirming genetic diagnostic test activity where gene patents and exclusive licensing exist, and for other purposes.
Directs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO) to: (1) study ways to provide independent, confirming genetic diagnostic test activity where gene patents and exclusive licensing for primary genetic diagnostic tests exist; and (2) report the findings to Congress within nine months along with recommendations for establishing the availability of such independent confirming genetic diagnostic test activity.
Defines confirming genetic diagnostic test activity as the performance of a genetic diagnostic test, by a genetic diagnostic test provider, on an individual solely for the purpose of providing the individual with an independent confirmation of results obtained from another test providers prior performance of the test on the individual.
Referred to the Subcommittee on Intellectual Property, Competition and the Internet.