Letter to BioCentury: BIO on IPR

Contrary to the implications of BioCentury's May 18 article "Cut Bait," ongoing abuses to the U.S. Patent and Trademark Office's inter partes review process do pose an existential threat to the biopharmaceutical industry, particularly but not solely to emerging companies who rely on their patents to generate the private and public investment needed to engage in the costly, lengthy, and risky process of developing innovative therapies for unmet medical needs.

Inter partes review (IPR) proceedings, a new administrative patent challenge system created by the America Invents Act of 2011, are being abused by outside interests, including hedge funds, seeking to undermine and exploit the system for short-term financial gain. While designed to provide a quicker, cost-effective alternative to district court litigation, these proceedings have, unfortunately, been implemented in a way that is fundamentally skewed against patents and patent owners...