US Patent and Trademark Office Rescinds Controversial Biotech Intellectual Property Regulations
A rule has been issued that rescinds regulations that limited the number of continuing patent applications and number of claims that could be included within a patent application.
Previously, USPTO rules had allowed applicants to file unlimited continuing applications, requests for continued examination, and claims. New regulations, enacted under the Bush administration in August of 2007 were considered by the biotech industry to unfairly limit their ability to protect their intellectual property. Biotech firms rely on continuing patent applications more than other industries.
The regulations in question never actually came into effect, as an inventor named Triantafyllos Tafas sued the USPTO for overstepping its authority almost immediately after the regulations were proposed. GlaxoSmithKline also filed a complaint against the USPTO. Many other organizations, including BIO, the Pharmaceutical and Research Manufacturers of America, and the American Intellectual Property Law Association filed amicus briefs in support of the complaint filed by GlaxoSmithKline. The case was still being litigated when the newly-appointed Director David Kappos decided to withdraw the regulations.
In deciding to rescind the rules, the USPTO has taken a step toward allowing biotech firms the patent protection they need to promote research and innovation.
Find out more about this story at USPTO Rescinds Controversial Patent Rule Changes Proposed by Prior Administration.
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