A bill to amend title 35, United States Code, with respect to patents on biotechnological processes.
Public Law 104-41 · S. 1111 · 104th Congress · began in the Senate
Signed by Bill Clinton (D) on Nov 1, 1995 · Commerce
Sponsor: Sen. Orrin Hatch (R-UT)
Cosponsors (1): Sen. Ted Kennedy
Passage votes
- HouseUnanimous consent
- SenateVoice vote
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Provides that, upon timely election by the applicant for patent to proceed, a "biotechnological process" using or resulting in a composition of matter that is novel and nonobvious shall be considered nonobvious if: (1) claims to the process and the composition of matter are contained in either the same application for patent or in separate applications having the same effective filing date; and (2) the composition of matter and the process at the time it was invented were owned by the same person or subject to an obligation of assignment to the same person.
Specifies that a patent issued on such a process shall: (1) contain the claims to the composition of matter used in or made by that process; or (2) if such composition of matter is claimed in another patent, be set to expire on the same date as such other patent.
Provides that, if a claim to a composition of matter is held invalid and that claim was the basis of a determination of nonobviousness under this Act, the process shall no longer be considered nonobvious solely on the basis of provisions of this Act.
Committees
The committees the bill was sent to, and what each did with it.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 13 actions.
- Nov 1, 1995Became lawBecame law · Became Public Law No: 104-41.
- Became lawBecame law · Signed by President.
- Oct 20, 1995PresidentPresident · Presented to President.
- Oct 17, 1995FloorFloor · A similar measure H.R. 587 was laid on the table without objection.
- FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On passage Passed without objection.
- FloorFloor · Considered by unanimous consent.
- FloorFloor · Mr. Moorhead asked unanimous consent to take from the Speaker's table and consider.
- Sep 28, 1995FloorFloor · Passed Senate without amendment by Voice Vote.
- Sep 18, 1995CommitteeCommittee · Reported by Senate Judiciary Committee
- Sep 14, 1995CommitteeCommittee · Markup by Senate Judiciary Committee
- Aug 2, 1995CommitteeCommittee · Referred to Senate Judiciary Committee
- IntroducedIntroduced · Introduced in the Senate
Data notes
Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.
Official record
The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.