Drug Industry Raises Concerns Over Potential Changes To Patent System

Main Category: Pharma Industry / Biotech Industry
Article Date: 22 Aug 2006 - 23:00 PDT

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Pharmaceutical industry groups have had a "less than enthusiastic response" to a bill (S 3818) sponsored by Sens. Orrin Hatch (R-Utah) and Patrick Leahy (D-Vt.) that would revise the U.S. patent system, CongressDaily reports. The legislation would award patents to the first individuals who file for them, rather than first individuals who invent products, and would limit defenses in patent lawsuits filed over willful infringement or "inequitable conduct." According to CongressDaily, pharmaceutical industry groups "have been muted in their response to the measure" because "it could potentially threaten their bottom line, which is primarily based on a few money-making dugs." In a statement, officials of the Pharmaceutical Research and Manufacturers of America said the group will review the bill "to ensure that patent protection -- which is essential to the development of new medicines for millions of patients -- is not compromised." Officials for the Generic Pharmaceutical Association said they seek significant revisions to the legislation. Kathleen Jaegar, president and CEO of the GPhA, said that the bill would reduce penalties for companies that use fraudulent statements and misconduct to obtain patents. "This one provision does more harm to the integrity of the patent process than good," Jaeger said. The Senate likely will debate the bill next year (Swindell, CongressDaily, 8/17).

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