Congress Overhauling US Patent Laws - Pharmaceutical Technology

Latest Issue

Latest Issue
PharmTech Europe

Congress Overhauling US Patent Laws

ePT--the Electronic Newsletter of Pharmaceutical Technology

Untitled Document

The US patent laws are undergoing their first large revision since the Patent Act of 1952. The America Invents Act, introduced by Senator Leahy (D-VT) on Jan. 25, 2011, was overwhelmingly passed by the US Senate on Mar. 8, 2011. It was then introduced in House of Representatives on Mar. 30, 2011, where it is still awaiting a vote.

The act would introduce reforms that bring US patent laws more in line with those of the EU. In particular, it would revise policy so that patents would be granted on a first-to-file basis, rather than on a first-to-invent basis. Under the current system, a division of the US Patent and Trademark Office settles disputes about who was the first to invent a product, in an expensive and uncertain process that puts cash-strapped academics at a disadvantage.

The first-to-file system is a less ambiguous measure of who has first claim to an invention. This system carries risk to academics, particularly if they begin the process of commercialization before filing. However, the act contains provisions intended to protect inventors, such as the ability to request a postgrant review during the first nine months after issue, and a provision allowing third parties to submit prior art during patent examination. First-to-file status is intended to remove much of the ambiguity around patent filings, and enable a more streamlined, less expensive patent-application process than the current procedure.


blog comments powered by Disqus
LCGC E-mail Newsletters

Subscribe: Click to learn more about the newsletter
| Weekly
| Monthly
| Weekly

Which of the following business challenge poses the greatest threat to your company?
Building a sustainable pipeline of products
Attracting a skilled workforce
Obtaining/maintaining adequate financing
Regulatory compliance
Building a sustainable pipeline of products
Attracting a skilled workforce
Obtaining/maintaining adequate financing
Regulatory compliance
View Results
Eric Langer Outsourcing Outlook Eric LangerBiopharma Outsourcing Activities Update
Cynthia Challener, PhD Ingredients Insider Cynthia Challener, PhDAppropriate Process Design Critical for Commercial Manufacture of Highly Potent APIs
Jill Wechsler Regulatory Watch Jill Wechsler FDA and Manufacturers Seek a More Secure Drug Supply Chain
Sean Milmo European Regulatory WatcchSean MilmoQuality by Design?Bridging the Gap between Concept and Implementation
Medicare Payment Data Raises Questions About Drug Costs
FDA Wants You!
A New Strategy to Tackle Antibiotic Resistance
Drug-Diagnostic Development Stymied by Payer Concerns
Obama Administration Halts Attack on Medicare Drug Plans
Source: ePT--the Electronic Newsletter of Pharmaceutical Technology,
Click here