Despite generic drug makers and other threats to biotech and pharmaceutical patents, companies in the industry are not backing down. Biotechnology and pharmaceutical companies are seeking help from Congress and the Office of the U.S. Trade Representative to help combat the increasing number of patent validity challenges, as well as law firms to advise on dealing with the growing number of post-grant review proceedings at the Patent Trial and Appeal Board (PTAB).
As of June 30, 2015, PTAB challenges to biotech and pharma patents had nearly doubled in the 2015 fiscal year in comparison to the previous fiscal year. Finnegan attorney Adriana L. Burgy said, "Post-grant proceedings in the U.S. Patent and Trademark Office have emerged as a battleground for pharmaceutical patent challenges in addition to the usual district court venue." So far, the results of the proceedings at the PTAB are mixed and provide examples both in favor of pharmaceutical patent owners and also invalidating pharmaceutical patents. Burgy believes that it is not necessarily the strongest patents that will survive, but it is the patent owners and companies that are able to adjust to the changing landscape that will come out on top.
