Biopharma Patents Could Be Compromised Under Update Legislation

Aug. 8, 2019, 8:46 AM

A proposal to update patent law could unintentionally spark a rise in litigation and lead to invalidation of many existing pharma and biotech patents, according to a former appeals court judge.

The draft legislation, by Sens. Thom Tillis (R-N.C.) and Chris Coons (D-Del.), would make major changes to sections 101 and 112(f) of the Patent Act.

Paul R. Michel, former chief judge of the U.S. Court of Appeals for the Federal Circuit, told the Senate Judiciary Subcommittee on Intellectual Property that the proposed changes under 101 represent “an enormous improvement over the present, intolerable chaos” that is threatening innovation ...

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