Study suggests controversial patent review pathway is effective for biologics

A new study out of Har­vard Med­ical School and West Vir­ginia Uni­ver­si­ty sug­gests that fight­ing pre­scrip­tion drug patents through the US Patent and Trade­mark Of­fice is an ef­fec­tive al­ter­na­tive to cost­ly, drawn-out lit­i­ga­tion.

While patent chal­lenges have tra­di­tion­al­ly been ar­gued in court, the cre­ation of the Patent Tri­al and Ap­peal Board in 2012 opened a new path­way. That process is cur­rent­ly un­der scruti­ny by law­mak­ers who in­tro­duced leg­is­la­tion last sum­mer that would make it more dif­fi­cult for patent chal­lengers to win.

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