PhRMA supports USPTO goals, but with concerns

US trade group Pharmaceutical Research and Manufacturers of America (PhRMA) responded to the US Patent and Trademark Office’s (USPTO) request for comments regarding the USPTO initiatives to “bolster the robustness and reliability of patents” and “ensure that the patent rights granted by the USPTO fulfill their intended purpose of furthering the common good, incentivizing innovation, and promoting economic prosperity.”

However, PhRMA is we concerned with certain unfounded criticisms of continuation patents, including narratives about the quantity of patents and the families of patents comprising so-called “patent thickets” that are driven by questionable data and misunderstandings about patent coverage. Contrary to these narratives, continuation patents are essential to ongoing biopharmaceutical research and development, the group warns.

The reality is that continuation patents provide critical incentives for biopharmaceutical companies to make the costly and high-risk investments necessary to develop new medicines for patients. Reduced intellectual property protections would lead to fewer options for patients — especially those battling our most complex and challenging diseases.