In a recent letter to the U.S. Patent and Trademark Office (USPTO), eleven Members of Congress sounded an electrifying alarm, stating that the USPTO has been "frequently" denying petitions for inter partes review (IPR), which "has made it more difficult to curtail anti-competitive practices by prescription drug companies."
It's a false alarm and an unfortunate distraction from the robust debate the nation desperately needs to address deep-seated and longstanding issues we face about access to health care and drug pricing anomalies.
An IPR is a process by which the USPTO's Patent and Appeal Board (PTAB) can review and, when appropriate, invalidate an existing patent. The IPR process was established by 2011 patent reform legislation known as the America Invents Act, which required that IPRs be conducted at the discretion of the USPTO Director pursuant to a speedier, less expensive alternative to traditional patent litigation conducted in federal courts.
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