GPhA leads group in effort to block changes to USA's inequitable conduct law in Patent Reform Bill

The USA’s Generic Pharmaceutical Association (GPhA), last week was joined by generic drugmakers Aetna, Apotex, Hospira, Mylan, Teva Pharmaceuticals and Watson Pharmaceuticals in writing to House Judiciary Committee Chairman Lamar Smith and Ranking Member John Conyers expressing objections to any changes to the inequitable conduct provisions in current patent law.

The bill, S 23, sponsored by Judiciary Chairman Patrick Leahy (Democrat, Vermont), aims to help the US Patent and Trademark Office clear through its sizable backlog of patent applications, while implementing measures to improve the quality of granted patents, curb frivolous litigation and set parameters for damages awards.

“As you begin efforts in the 112th Congress to reform our patent laws or enhance operations of the US Patent and Trademark Office (PTO), we respectfully urge you to oppose any changes to the inequitable conduct defense and avoid legal barriers to timely access to affordable, high quality generic drugs,” the jointly signed letter read. The group also wrote letters to all Members of the Senate stating its strong opposition to inequitable conduct provisions in the Senate’s Patent Reform Act of 2011. The full Senate is expected to vote on that legislation later this week.