End ‘Patent Thickets’: Senators

A bipartisan group of eight senators is asking the U.S. Patent and Trademark Office (USPTO) to take steps to eliminate patent thickets — the many patents that cover a single product or minor variations on a single product. In a 6/8 letter, the senators say patent thickets “harm competition through sheer numbers. In the drug industry, with the most minor, even cosmetic, tweaks to delivery mechanisms, dosages, and formulations, companies are able to obtain dozens or hundreds of patents for a single drug. This practice impedes generic drugs’ production, hurts competition, and can extend exclusivity beyond the congressionally mandated patent term.”

The senators ask that the USPTO consider changes to its regulations and practices to address the problems where they start, during patent examination. They ask for responses to six questions and also ask that the USPTO issue a notice of proposed rulemaking or a request for comment by 9/1 based on the questions posed.