Appeals court supports patent rule opposed by developers

A federal appeals court has upheld a new patent rule that could seriously impact biotech and pharma companies.

The U.S. Court of Appeals for the Federal Circuit upheld a new rule that requires an inventor who files a large number of claims to back up those claims with information detailing why the invention is eligible for protection. But the court struck down another rule that limits the number of times an inventor can file for a continuation of a patent, which is used to amend a patent.

Backed by others in the industry, GlaxoSmithKline had challenged the rules and argued that the patent office didn't have the authority to impose those changes. Glaxo says it is reviewing the appeals ruling and will decide later how to proceed. But at least one Washington attorney says that if the rules stand it will cost developers more to file a patent.

- read the report in the Wall Street Journal

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