U.S. Patent Office pulls controversial rule to curb pharma patent abuse

In an unexpected move, the U.S. Patent & Trademark Office has withdrawn a controversial proposal that was designed to prevent pharmaceutical companies from abusing the patent system.

Specifically, the proposed rule was crafted to stem the use of so-called patent thickets, which are wielded by drug companies to delay the arrival of lower-cost generic medicines in the marketplace. Essentially, thickets are collections of numerous patents that critics contend add only incremental changes to a drug and, therefore, produce little to no additional benefit to patients.

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Regardless, these additional patents extend precious monopolies for brand-name drug companies, and for that reason, are blamed for contributing to ongoing high drug costs for countless Americans. By proposing the rule, the Patent & Trademark Office was attempting to address long-standing criticism that too many patents of little value were being granted.

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