Drug patents do better in IPR proceeding than other technologies, report

14 June 2017

Certain pharmaceutical patents survive challenges at the US Patent and Trademark Office (PTO)’s Patent Trial and Appeal Board (PTAB) at a significantly higher rate than patents across all technologies, a new study from US intellectual property law firm Fitzpatrick, Cella, Harper & Scinto has revealed.

The findings are included in a report, “Drug Patents May Fare Better Than Other Technologies in IPR Proceedings,” released in conjunction with Fitzpatrick’s launch of an online interactive database featuring significant and valuable information on patent proceedings relating to biologic drugs.

For pharmaceutical companies, Fitzpatrick’s research is a welcome rebuke to the prediction made soon after the PTAB was established in 2012 that the forum would become a patent “death squad.” Fitzpatrick’s significant findings include:

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