The Cross-Border Biotech Blog

Biotechnology, Health and Business in Canada, the United States and Worldwide

The Patent Reform Act of 2009: Absent Inequitable Conduct Provisions Help Biotech

The Patent Reform Act of 2009 was introduced by Senator Patrick Leahy (D-VT) Chairman of the Senate Judiciary Committee. The bill includes Senator Orrin Hatch (R-UT) as a co-sponsor. Notably missing from the list of co-sponsors is Senator Arlen Specter (R-PA), Ranking Republican on the Judiciary Committee.

Provisions relating to inequitable conduct have been removed from the previous version introduced last year. Inequitable conduct is a critical provision for the larger pharmaceutical companies. Provisions relating to apportionment of damages are of secondary importance to large pharma, but critical to biotech. The biotech industry does not favor the current damages language. The fact that inequitable conduct provisions are missing means that large pharma will focus its opposition to the patent reform bill on damages provisions.

The text of the Senate bill is not up on Thomas yet, but you can find the full text as introduced here (pdf).  See also Dennis’ Patently-O post with summary and commentary.

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4 responses to “The Patent Reform Act of 2009: Absent Inequitable Conduct Provisions Help Biotech

  1. Pingback: Patent Baristas » Patent Reform 2009: Reactionary Causes

  2. Michael Sander September 29, 2009 at 8:38 pm

    I think you jumped the gun a bit on this post… it looks like a week later they added inequitable conduct reform:
    http://thomas.loc.gov/cgi-bin/query/F?c111:4:./temp/~c1117DteZj:e71600:

  3. Michael Sander September 29, 2009 at 8:39 pm

    That link may not work… try this one:
    http://www.govtrack.us/congress/billtext.xpd?bill=s111-610

  4. Pingback: Biotech Trends of 2009: Three Biggest Losers « The Cross-Border Biotech Blog

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