FDA, USPTO In Middle Of Congressional Tug-Of-War Over Patents And Drug Pricing
Senators Hassan and Cassidy contend the lack of coordination between the two agencies may allow patent thickets to grow. Meanwhile, Sen. Tillis is pushing the agency to refute data alleging patents are to blame for high drug prices.
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A review of grants by the organization to a range of recipients engaged in work on lowering drug prices.
After Federal Circuit vacates district court ruling that patent on method of dosing ImmunoGen’s mirvetuximab soravtansine is indefinite and obvious, PTO warns of ‘well-documented problem’ of drug manufacturers receiving follow-on patents for ‘trivial modifications’ that delay generics.
Parallel district court litigation would no longer be factor in deciding whether to institute PTAB review of patents under Senate bill. BIO favors PTO discretion, would like claim amendments to be addressed.