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October 16, 2006
Patent proposal may hinder biotech innovation
by Kelly McKenna
With a backlog of more than 700,000 cases, the U.S. Patent and Trademark Office is seeking ways to remedy their patent application system. However, they’re current ideas could hurt biotech companies and hinder innovation.
Proposals under consideration would limit continuations and the number of application claims that can be filed. The rules, which could be implemented before the end of the year, would ultimately discourage or punish innovation. The nature of biotech requires complex, lengthy and add-on applications, and their survival, particularly small companies, depends on patent protection. Long-term patents enable them to gain an industry foothold and niche leadership and to recover the costs of development, often decades invested and millions spent.
To read commentary on the potential negative effects and how companies see the rules discouraging investment and incentive, go to http://www.uspto.gov/web/offices/pac/dapp/opla/comments/fpp_continuation/continuation_comments.html
Posted by kelly_mckenna at October 16, 2006 02:18 PM
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