Obtaining, challenging and enforcing pharmaceutical patents under the America Invents Act.
The America Invents Act (AIA) will affect how intellectual property rights for pharmaceutical innovations are obtained, challenged and enforced. For example, the AIA allows pharmaceutical companies to take a more uniform approach in seeking patent protection worldwide. Post-grant and inter partes review procedures in the USPTO will allow patents to be challenged by pharmaceutical interests at a lower cost than that of litigation in US courts, and should improve the quality of patents as a whole. Provisions in the AIA incentivize pharmaceutical companies to monitor the published applications and patents of competitors, and to make prompt challenges to patentability where appropriate, promoting the integrity of the intellectual property landscape.
Venable LLP, 575 7th Street, NW, Washington, DC 20004, USA.
Lars H
LH
Genieser
Clifton E
CE
McCann
D004345:Drug Industry / Q000331:legislation & jurisprudence*; D035082:Federal Government; D033161:Government Regulation; D010330:Patents as Topic / Q000331:legislation & jurisprudence*; D014481:United States