Proposed BPCIA reforms: More music, same dance

In March 2019, United States Senator Susan Collins introduced bill S. 659, entitled the Biologic Patent Transparency Act (“BPTA”). Collins and other sponsoring senators promise that if enacted, the proposed bill will “increas[e] transparency in the patent process and reduc[e] patent system abuses by brand name drug companies.”[1] In particular, they assert it will reduce the negative impact of “patent thickets” by requiring companies “to publicly disclose the web of patents that protect their biologics,” thereby “making it easier for competitors to evaluate and plan for the development of generic versions of these drugs.”[2]

In the article, “Proposed BPCIA Reforms: More Music, Same Dance,” published by Managing Intellectual Property, Director Paul A. Ainsworth and Associate Lauren A. Watt examine the extent to which the proposed Biologic Patent Transparency Act will reduce patent thickets, increase transparency and competition in the biologics industry.

[1] Bipartisan Group of Senators Launch Effort to Stop Patent Gaming & Increase Access to Lower-Cost Drugs, Senator Collins Newsroom (March 6, 2019) https://www.collins.senate.gov/newsroom/bipartisan-group-senators-launch-effort-stop-patent-gaming-increase-access-lower-cost-drugs.
[2] Id.