U.S. Court Protects Key Patent Rights for Drug Makers On August 13, 2024, the U.S. Court of Appeals for the Federal Circuit (CAFC) made an important decision that could save many patents in the pharmaceutical industry. The court ruled that a patent that was filed first, issued first, and expires later cannot be canceled by a related patent that was filed and issued later but expires earlier. This case involved Allergan, a company that makes a medicine called "eluxadoline tablets," which helps people with irritable bowel syndrome (IBS). Another company, Sun Pharmaceutical, argued that one of Allergan's patents should be invalid because it lasted longer than a related patent that was filed later. Sun claimed that this was unfair and that the longer-lasting patent should be canceled. The court, however, disagreed with Sun. The judges said that because Allergan's patent was the first one to be filed and issued, it should not be invalidated just because it lasts longer. The court also made it clear that the rules about when a patent expires and how long it lasts are important to protect the rights of inventors and companies. This ruling is good news for drug makers because it means they can keep their patents for the full time allowed by law, even if other related patents expire sooner. This could help them continue to sell their medicines without competition for longer periods. Some experts think this decision is a step in the right direction, but they also hope that the court will make the rules even clearer in the future to avoid confusion. This decision is significant for the pharmaceutical industry and inventors because it ensures that the first patent filed and issued has strong protection, even if related patents have different expiration dates. For more details, you can read the full article here: https://ipwatchdog.com/2024/08/13/cafc-first-filed-first-issued-later-expiring-claims-invalid-odp/id=180101/. Date: August 13, 2024 Author: Eileen McDermott, Editor-in-Chief of IPWatchdog.com Source: IPWatchdog

Posted by InventorNews at 2024-08-15 17:00:03 UTC