US drug firms raise concerns about patent reform

The US Pharmaceutical Research and Manufacturers Association (PhRMA) and the Generic Pharmaceutical Association (GPhA) have both highlighted concerns they have with portions of the proposed revision of the US patent system, introduced by Republican Senator Orrin Hatch (Utah) and Democrat Patrick Leahy (Vermont), that are likely to be debated next year (Marketletter August 14).

The main changes would be a shift from first-to-invent to first-to-file for awarding patents and major changes to the method for calculating damages and court actions where infringements are alleged.

According to the US CongressDaily electronic bulletin, both groups have shown a "less than enthusiastic response" to the Bill (S3818). However, both sides (research-based and generic) are muted in their criticisms because "it could threaten their bottom line."