; or (2) under chapter 18 of title 35, United States Code, to make the benefits of inventions funded by the Federal Government available to the public on reasonable terms. (g) Definitions In this section: (1) The term biomedical product or service means a drug, vaccine, medical device, diagnostic test, assistive technology, cell- or gene-based therapy, or other technology used to provide health care. (2) The term medical device has the meaning given to the term device in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (3) The term Secretary means the Secretary of Health and Human Services. (4) The term six reference countries means the six countries, excluding Canada, that over the previous three calendar years— (A) are member countries of the Organisation for Economic Co-operation and Development; (B) have the largest gross domestic products; and (C) have a per capita income that is at least 50 percent of the average per capita income of the United States.