Day April 24, 2023

On the Appeal of Drug Patent Challenges

[Charles Duan] Abstract: ... In this Article, I review the universe of administrative challenges on drug patents that have proceeded through appeal to the Federal Circuit. I find that a large fraction of patents challenged this way are deemed unpatentable at both the agency and appellate levels, and that administrative cancellation of drug patents correlates closely with subsequent generic drug competition and reduced drug prices. The data suggests that these effects are not due to bias against patents, but rather because of the expertise of administrative adjudicators and the remarkably low quality of the drug patents challenged. Indeed, I find that nuanced aspects of these administrative proceedings, particularly at the appellate level, in fact are biased in the opposite direction — against patent challengers. These findings suggest that inter partes review and other administrative challenge proceedings likely serve an important purpose for lowering the costs of medicines, and those proceedings could potentially be improved.

STEPS FORWARD FOR COPYRIGHT EXCEPTIONS AND LIMITATIONS FOR EDUCATION AND RESEARCH AT THE WIPO SCCR 43 AGENDA

[Deborah De Angelis] From March 13th to 17th, 2023, the 43rd meeting of the WIPO SCCR was held in Geneva, where significant advancements have been achieved by the Committee with the adoption of a work program on exceptions and limitations based on the Proposal by the African Group for a Draft Work Program on Exceptions and Limitations (SCCR/43/8). The program is supported by the Access to Knowledge Coalition (A2K), to which Communia Association and Creative Commons Italy Chapter are members together with numerous other associations representing educators, researchers, students, libraries, archives, museums, other knowledge users and creative communities in the world.