The listing of many types of patents in the FDA’s Orange Book (Approved Drug Products with Therapeutic Equivalence Evaluations) is fairly straightforward.  Patents covering the approved drug product (active pharmaceutical ingredient) or its methods of use can be listed.  However, other kinds of patents may require a more careful evaluation, especially in light of a

The labeling of biosimilar products as “interchangeable” may be important in order to gain acceptance and use in the medical community. This article provides important information regarding revised FDA labeling guidance for biosimilars. 
 
In September 2023, the Food and Drug Administration (FDA) proposed changes in the labeling requirements for biosimilars and interchangeable biosimilars in

The U.S. Patent and Trademark Office (USPTO) released a report on innovations in COVID-19-related diagnostics as a case study of how innovation and intellectual property operate during times of crisis. The study utilized publicly available data from December 2019 through April 2023. Highlights that might be of interest to stakeholders in this space include trends

The USPTO has released an updated report on Inter Partes Review (IPR) and Post Grant Review (PGR) proceedings involving Orange Book or biologic patents, taking into account data through March 31, 2023. Highlights of the report that might be of interest to stakeholders in this space include trends in differences in numbers of petitions, institution

Senators Chris Coons and Thom Tillis recently introduced the bipartisan 2023 Patent Eligibility Restoration Act that would make significant changes to U.S. patent eligibility law. The “Findings” section of the Act states that “Efforts by judges of district courts and courts of appeals of the United States to apply the [judicially-created] exceptions [to patent eligibility]