PhRMA Calls on USPTO to Reconsider Patent Eligibility

PhRMA is urging the USPTO to reevaluate patent eligibility for prescription drugs to provide the drug industry a better framework for interpreting regulations and recent case law.

The agency’s revised guidelines on patent eligibility, published in May, provide a two-step analysis for determining whether a therapy qualifies for a license, which according to PhRMA “discounts the value” of several advancements in the pharmaceutical industry.

The industry group is requesting that the USPTO develop an analysis that takes into account the entire patent claim, and focuses on whether the therapy provides a novel and useful treatment option.