The Scientist examines the impact of new patent rules that take effect on November 1, saying the shift streamlines the process but will make it more expensive for biotech companies and academic groups to protect their life sciences IP. These new rules limit the number of times applications can be reevaluated as well as the number of claims contained in one applications. That's a particular concern in the drug development field, when new applications reveal themselves over a period of time.
"It's going to have a big effect on biotechs, universities, and nonprofits because it limits their ability to fight with the PTO," Ronald Eisenstein, a partner at Nixon Peabody, tells The Scientist. "If all that the patent examiner has to say is no, it's going to get much harder to negotiate, and will lead to applicants having to file costly appeals."
- read the article from The Scientist