Stronger patents are the lifeblood of the biotechnology industry. They are critical in ensuring a steady stream of capital to life science companies developing innovative medicines and medical devices. They are essential to the technology transfer process that leads from inventions in the lab to products on the shelves. The STRONGER Patents Act will bring important fixes to the patent system that prevent abuse, protect legitimate patent rights, and improve our patent examination process. Investment in innovation requires stronger patent rights. Pending bi-partisan legislation
BioForward commends the U.S. Patent and Trademark Office (PTO) rule change that went into effect late 2018 that significantly improved the fairness of post-issuance patent challenge proceedings, such as Inter Partes Review (IPR), for patent owner. This change replaces the controversial “broadest reasonable interpretation (BRI) standard-under which a patent being challenged is more likely to be struck down-with the more narrow and reliable claim construction standard used to construe claim terms in federal courts. The action by the PTO will help ensure that patent claims are construed consistently, whether they are reviewed by the PTO, a federal court, or the International Trade Commission. In its final rule, the PTO decided to apply the rule change only prospectively to all patents filed after November 13, 2018.
BioForward supports our national partners, the Biotechnology Innovation Organization (BIO) and Pharmaceutical Research and Manufacturers of America (PhRMA), in urging federal policymakers to adopt responsible solutions that would make prescription drugs more affordable for American’s patients. This means analyzing the entire supply chain, not just focusing on pharmaceutical manufacturers. We oppose legislation such as H.R. 3 Drug Price Negotiation Bill that has many aspects to the legislation that would have disastrous effects on small and emerging biotech companies and patients would have fewer cures in the future.