Article preview from “The Pink Sheet”- April 4, 2011
The six-year battle over patent reform legislation is not yet over as the pharmaceutical and biotechnology industries and other leading stakeholders are unhappy with provisions in the House bill that differ from the recently passed Senate measure.
The six-year battle over patent reform legislation is not yet over as the pharmaceutical and biotechnology industries and other leading stakeholders are unhappy with provisions in the House bill that differ from the recently passed Senate measure.
The pharma and biotech industries object to provisions that would lower the bar for initiation of inter partes re-examinations and allow an accused infringer to stay an infringement action if post-grant review is initiated in the Patent and Trademark Office.
The Biotechnology Industry Organization is also concerned about a provision that would expand prior user rights as a defense to infringement. This defense prevents someone who commercializes an invention before a patent application is filed from being sued for infringement.
Stakeholders will be wrangling over these provisions of the bill, which is scheduled for mark-up on April 14. While groups suggested that the legislation could be derailed over the House revisions to the Senate bill, there is optimism that it will ultimately go through.