Generic Pharmaceutical Association Comments on Patent Harmonization

    By Donald Zuhn --

As we reported yesterday, last week the United States Patent and Trademark Office (USPTO) posted 48 submissions it received in response to a solicitation for comments on international patent law harmonization.  Among those submitting comments were the Biotechnology Industry Association (BIO) (here), Intellectual Property Owners Association (IPO) (here and here), Generic Pharmaceutical Association (GPhA) (here), and American Intellectual Property Law Association (AIPLA) (here).

In the GPhA's three-page submission, the generic drug trade association argued that "[t]he timing of the USPTO's request for comments is unfortunate," since "[the Senate's Patent Reform Act of 2007 (S. 1145)] covers almost every issue identified by the USPTO in the Request for Comments, either expressly, or by implication."  In particular, the GPhA noted that topics 1-5 (see "USPTO Seeks Comments on Patent Harmonization Efforts") were covered by Section 3 of S. 1145, topic 8 was covered by Section 5(b), topic 9 was covered by Section 4, and topic 10 was covered by Section 9(a).  As a result of this legislative progress, the GPhA contended that the USPTO's participation in harmonization talks constituted an "unwarranted diversion" of its resources and would be "potentially confusing to the other countries participating in those talks."

The GPhA also asserted that "[t]he Executive Branch should not use the [harmonization talks] as a way to promote a treaty that may have the effect of constraining Congress' consideration of a wide range of patent law policy issues," and which would impinge on Congress' Constitutional power to enact patent laws and set U.S. patent policy.  The Association concluded by suggesting that "any consideration of harmonization should await the completion of the legislative process."

Comments

[Canadian Drug]

It was only a suggestion, but you know a politician remain a politicians and most of the strings are pulled there, not somewhere else. Harmony should have overcome long ago, but I feel that it is still a long way until the Association gets what is desired.