USPTO Has Not Seen ‘Deluge’ Of Inconsistent Statements From Applicants
Agency did not intend to ‘strong-arm or threaten’ anyone in its duty to disclose notice, patent office legal advisors say. Applicants should assess whether information required by FDA on new method of manufacturing or different formulation impacts patentability.
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AbbVie, Amgen, Genentech, Bristol-Myers Squibb and others call on the patent office to retain the current system for continuation applications in comments on the USPTO and FDA’s proposed initiatives.
As Congress prepares to again debate patent reforms, brand industry says allegations of ‘patent thickets’ and extended market exclusivity are based on inaccurate or misleading data. They assert there is no need for PTO and FDA to institute systemic policy changes.
The two agencies are pursuing initiatives to address instances of patents being used improperly to delay competition. FDA may play greater role in PTAB proceedings and training patent examiners.