How would patent reform legislation in the United States impact the pharmaceutical industry?
The United States Congress is attempting to tackle a perceived problem with so-called 'patent trolls' by introducing legislation directed at the particular traits attributable to these patent holders. Two of these proposed provisions involve fee-shifting and heightened pleading standards. The problem is that these legislative proposals are not narrowly tailored, but rather are blunt instruments that will likely impact all patent holders. This threat is particularly problematic for the pharmaceutical industry, where the proposed patent reform is likely to disrupt the delicate balance established for Hatch-Waxman-type litigation.
McDonnell Boehnen Hulbert & Berghoff LLP , 300 S. Wacker Drive, Ste. 3100, Chicago, IL 60606 , USA +1 312 913 0001 ; +1 312 913 0002 ; williams@mbhb.com.
Andrew W
AW
Williams
D004345:Drug Industry / Q000331:legislation & jurisprudence*; D006801:Humans; D010330:Patents as Topic / Q000331:legislation & jurisprudence*; D014481:United States
Hatch Waxman; congress; fee shifting; heightened pleading standards; legislation; patent trolls