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Drug-Price Allies See Promise in Leahy’s PTAB Draft Legislation

Sept. 24, 2021, 9:38 PM

Planned legislation to make changes to how the Patent Trial and Appeal Board reviews patents includes a new validity challenge that supporters of lower drug prices believe could be useful in getting more generic drugs on the market.

The legislation, which Sen. Patrick Leahy (D.-Vt.) plans to introduce, would allow the Patent Trial and Appeal Board to examine a patent’s validity under the double-patenting doctrine during an inter partes review challenge. That ground is not currently available in IPR.

The goal of the doctrine is to prevent unjustified extensions of the time of patent protection. It prohibits a company from ...

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