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LIRA@BC Law

Abstract

Once a patent is issued for a drug there is still a chance that the validity of the patent may be challenged. One such way a purported infringer or competitor can challenge a patent's validity is through an inter partes review (IPR) Process allowed by the United States Patent and Trademark Office (USPTO). Until recently the use of this process by generic drug-makers to invalidate patents has had no success. However, a recent decision by the Patent Trial and Appeal Board (PTAB) gave generic drug-makers their first break when they invalidated the patent for the multiple sclerosis drug Gilenya. The following will review the IPR process and examine the decision by the PTAB to invalidate the Gilenya patent under 35 U.S.C §103.

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File nameDate UploadedVisibilityFile size
MODERN_IPR_PROCESS.pdf
29 Nov 2022
Public
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Metadata

  • Subject
    • Intellectual Property Law

    • Science and Technology Law

  • Journal title
    • Boston College Intellectual Property and Technology Forum

  • Volume
    • 2015

  • Pagination
    • 1-13

  • Date submitted

    29 November 2022

  • Related URL