1. Short title This Act may be cited as the Medical Innovation Act of 2017 . 2. Authority to assess and use supplemental payments to increase congressional investments in medical research (a) In general Section 301 of the Public Health Service Act ( 42 U.S.C. 241 ) is amended by adding at the end the following: (i) Authority To assess and use supplemental payments To increase congressional investments in medical research (1) Definitions For purposes of this subsection: (A) Covered blockbuster drug (i) In general The term covered blockbuster drug means any product— (I) for which the covered manufacturer reported to the Securities and Exchange Commission on a form, including form 10–K or form 20–F, or is otherwise determined by the Secretary to have received, at least $1,000,000,000 in net sales in the previous calendar year; and (II) that was developed, in whole or in part, through Federal Government investments in medical research, as the Secretary determines in accordance with clause (ii). (ii) Determination of Federal Government investment In determining under clause (i)(II) whether a product was developed, in whole or in part, through Federal Government investments in medical research, the Secretary shall consider whether information included in any patent that claims the covered blockbuster drug or that claims a method of using such covered blockbuster drug and with respect to which a claim of patent infringement could reasonably be asserted if a person not licensed by the owner engaged in the manufacture, use, or sale of the covered blockbuster drug, or any element of the covered blockbuster drug— (I) relates to, or is based upon, prior science conducted, in whole or in part, by a person that is or was funded by the Federal Government