Pharma is one of few industries where patent law doesn't inspire a yawn. So when the U.S. Patent Office introduced unfriendly rules governing patent continuations--vital to protecting brand-name meds--GlaxoSmithKline was first in line to sue.
There's a bunch of legal mumbo-jumbo using terms like "ultra vires," but the gist of the suit is that the rules would weaken patent protection and thus undermine innovation. They could even make it easier to bring patent challenges. Consider that Indian generics makers have praised the new rules, and you'll see which way they lean. Glaxo is asking for an injunction to keep the rules from taking effect November 1 as scheduled.
- read discussion [1] of the suit from Patent Blog
Related Articles:
Patent 'cliff' looms for Big Pharma. Report [2]
Standards on biotech patents get tougher. Report [3]
Links:
[1] http://www.pli.edu/patentcenter/default.asp?view=plink&id=110
[2] http://www.fiercebiotech.com/story/patent-cliff-looms-for-big-pharma/2007-05-02
[3] http://www.fiercebiotech.com/story/standards-on-biotech-patents-get-tougher/2006-09-26
[4] http://www.fiercebiotech.com/tags/glaxosmithkline
[5] http://www.fiercebiotech.com/tags/patent