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« In re '318 Patent Infringement Litigation (Fed. Cir. 2009) | Main | USPTO Proposes Changes to Count System »

September 30, 2009


Stories like this are the reason I read this blog. Thanks, Kevin. I couldn't agree more with your concluding paragraph, as this is now one of several cases involving biologically produced drugs in which patent protection presently extends well beyond 20 years. The deficiencies of the old 17-years-from-grant system should be ignored in considering follow-on biologics legislation...but you can be sure that proponents of a shorter wait period will trot out the '755 patent as the latest example of how the system is broken.

Thanks Kevin,
This news is really surprising and even break lot of generic manufacture heart, because of 13 year extension and that inevitably increase the monopoly of Biogen.
However Extension of patent term is common in US patent law. In addition most of Biotech products patent expiry more than 20 years as patent attorneys were so sagacious and had made the most of 17 year rule and deliberately filed application around 8 June 1995 and that result in extension of the protection.
While the patent is given for benefit of society and the present Avonex case explicitly violate the patent fundamental.

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