BIO Comments to USTR on 2011 Special 301 Review

BIO Comments to USTR on 2011 Special 301 Review (February 15, 2011)

In comments to the U.S. Trade Representative (USTR), BIO stresses the critical importance of protecting intellectual property abroad and made recommendations about which countries to include on the Priority Watch and Watch List, which to elevate as a Priority Foreigh Country, and which countries to monitor.

Read the Comments (link to http://bio.org/pdfs/BIO_2011_Special_301_Submission.pdf)

Read the Press Release (link to http://bio.org/news/pressreleases/newsitem.asp?id=2011_0221_01)

WSJ: “Patent Office to Get a Boost”

An article from the Wall Street Journal regarding the Adminstration’s budget proposal for the Patent Office. 

Highlights:

WASHINGTON—The Obama administration’s budget blueprint for fiscal 2012 seeks to boost the speed and quality of services of the U.S. Patent and Trademark Office, including through the use of temporary surcharges on patent fees.

The Obama administration said the fee surcharge, along with regulatory and legislative reforms, would provide the Patent Office with $2.7 billion in resources in 2012, a 34% increase from 2010 levels.

Role of Public-Sector Research in the Discovery of Drugs and Vaccines

Interesting article out of the New England Journal of Medicine entitled The Role of Public-Sector Research in the Discovery of Drugs and Vaccines.

Findings:

We found that during the past 40 years, 153 new FDA-approved drugs, vaccines, or new indications for existing drugs were discovered through research carried out in PSRIs [public-sector research institutions]. These drugs included 93 small-molecule drugs, 36 biologic agents, 15 vaccines, 8 in vivo diagnostic materials, and 1 over-the-counter drug. More than half of these drugs have been used in the treatment or prevention of cancer or infectious diseases. PSRI-discovered drugs are expected to have a disproportionately large therapeutic effect.  (Brackets added)

Counterfeiting and Piracy put 2.5 million legitimate jobs at risk each year.

Interesting study out of the International Chamber of Commerce stating that the global economic and social impacts of counterfeiting and piracy will reach US$1.7 trillion by 2015 and put 2.5 million legitimate jobs at risk each year.  This builds off a previous OECD study and uses the same formulas. 

Other Highlights:

-G20 countries lose $77.5 billion in tax revenues, lose $25 billion to increased costs of crime, lose $18.1 billion costs of deaths related to counterfeits, and lose $125 million to treat injuries sustained by counterfeits.

USPTO to Issue Proposal for “Track One” Accelerated Patent Examination in Flexible “Three Track” Patent Processing Program

In case you missed this last week, the USPTO will be issuing a Federal Register Notice requesting comments on their proposed Track One Accelerated Patent Examination requirements. 

The forthcoming Federal Register notice will request comments from the public on a number of different proposed requirements for participation in Track One, including (a) the proposed fee of $4,000 for each application (to recover the full cost of resources necessary to prevent the delay of other, non-prioritized applications); (b) limits on the number of claims to four independent claims and 30 total claims; (c) application filing through the USPTO’s electronic filing system (EFS-Web); and other such requirements.  The comment period will close 30 days after the notice is published. 

Press Release

BIO Commends Senate Judiciary Committee Passage of Patent Reform Act of 2011

BIO Commends Senate Judiciary Committee Passage of Patent Reform Act of 2011

Bipartisan, consensus-oriented approach will strengthen nation’s patent system

 

Washington, D.C. (February 3, 2011) – Biotechnology Industry Organization (BIO) President and CEO Jim Greenwood released the following statement on the passage today of The Patent Reform Act of 2011 (S. 23) by the Senate Judiciary Committee:

“BIO commends the Senate Judiciary Committee for passing The Patent Reform Act of 2011.  We appreciate the continued dedication of Chairman Leahy, Ranking Member Charles Grassley (R-IA) and the bill’s other cosponsors for their tireless efforts to carefully craft bipartisan, consensus-oriented patent reform legislation that was approved by the Committee without a single opposition vote.

“The Patent Reform Act of 2011 would improve the patent system in ways that would benefit all sectors of the U.S. economy by enhancing patent quality and the efficiency, objectivity, predictability, and transparency of the patent system. 

“BIO urges the full Senate to promptly consider and pass the bill, and will work with the Chairman and Ranking Member Grassley as well as members of the House and Senate as this legislation advances to ensure that the final bill preserves the incentives necessary to sustain America’s global innovation and spurs the creation of high-wage, high-value jobs in our nation’s innovation economy.”

About BIO

BIO represents more than 1,100 biotechnology companies, academic institutions, state biotechnology centers and related organizations across the United States and in more than 30 other nations. BIO members are involved in the research and development of innovative healthcare, agricultural, industrial and environmental biotechnology products. BIO also produces the BIO International Convention, the world’s largest gathering of the biotechnology industry, along with industry-leading investor and partnering meetings held around the world. BIO produces BIOtech Now, an online portal and monthly newsletter chronicling “innovations transforming our world.” Subscribe to BIOtech Now.

Patent backlog hinders nation’s job creation

Article from the Milwaukee Journal Sentinel with interesting numbers. 

Highlights:

-Many of the missing jobs – hundres of thousands or possibly millions – are buried under the backlog of 1.2 million unprocessed patent applicatoins that have accumulated over the past 10 years at the U.S. Patent and Trademark Office.

-A single U.S. patent can create three to ten jobs. 

-Nothaft estimates more than 2 million new jobs are buried in the backlog

-“Innovation is our competitve advantage… It’s not manufacturing costs.  It’s not labor costs.  It’s innovation and our ability to protect those innovations and turn those innovations into products.”

President Obama’s Plan to Win the Future by Catalyzing Invention, Innovation, and Economic Growth through Patent Reform

The White House Office of Public Engagement released the patent factsheet, “President Obama’s Plan to Win the Future by Catalyzing Invention, Innovation and Economic Growth through Patent Reform,” the night of Obama’s Jan. 25, 2011, State of the Union address.  Here are some highlights.

“ Improve the Operations of the Patent and Trademark Office (PTO): The President’s budget enables the PTO to address a backlog of over 700,000 patent applications.

Promote U.S. Cooperation with International Patent Standards to Help U.S. Firms to Compete in the Global Economy: By moving towards greater coordination between patent systems, the United States can enable its innovators to receive lower-cost and higher-qualitypatents, enabling them to better compete and protect their inventions around the world.

Address the Costs of Our Inefficient Patent Litigation System: To improve the patent system, President Obama has pledged to work with Congress to devise a post-grant review system to improve efficiency.”

 

BIO’s Intellectual Property Counsels’ Committee Spring Conference and Meeting: Seattle

Over the past eight years, BIO’s semiannual IP Counsels Committee Conference has become a popular and growing event among our members’ IP and legal professionals. Our upcoming 2011 Spring IPCC Conference in Seattle, WA on April 13-15 will be an excellent opportunity for IP professionals to hear, listen, and learn about current and projected topics related to biotechnology IP.

We invite you to join us in an informal, fun and informative setting to meet fellow in-house legal and IP professionals, to make new acquaintances, to reconnect with old friends in the industry, and to take home a wealth of information – and maybe some new ideas.

To Register

Session Titles:

1.  Whose Rights are They, Anyway?  Implications from and a Discussion on Stanford v. Roche

2.  A Landmark Case: The Aftermath of Myriad

3.  Best Practices in Research Collaborations: Joint Inventorship Pitfalls and Ethical Issues in Joint Representation

4.  How to Stay in the Frying Pan and Out of the Fire: Hot Topics in Ethics for In-House IP Attorneys

5.  Emerging Markets

6.  Double Patenting

7.  Biosimilars