The U.S. Chamber of Commerce's Global Innovation Policy Center warns the USPTO against proposals for increased collaboration with the FDA, describing them as misguided 'coordination' efforts. These efforts are perceived as aimed at addressing perceived links between drug pricing and patent issues, which could complicate the patent examination process.
The USPTO's Request for Comments emerged from a letter it received from the FDA regarding concerns that the patent system may be misused to delay generic drug introductions. The letter highlighted practices like continuation patents which contribute to 'patent thickets' and impede competition.
Activists advocating for deeper FDA involvement in patent examinations are seen as challenging the efficiency of the patent system, potentially placing additional burdens on patent applicants and complicating the relationship between innovation and public accessibility of medications.
Concerns have been echoed regarding patent arrangements that allow companies to strategically use patents to extend market exclusivity, which may hinder the introduction of more affordable medical alternatives, ultimately affecting consumers and overall drug pricing.
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