Improving the Quality of US Drug Patents Through International Awareness


Journal article


Doni Bloomfield, Zhigang Lu, Aaron S. Kesselheim
British Medical Journal, vol. 377, 2022


Cite

Cite

APA   Click to copy
Bloomfield, D., Lu, Z., & Kesselheim, A. S. (2022). Improving the Quality of US Drug Patents Through International Awareness. British Medical Journal, 377. https://doi.org/10.1136/bmj-2021-068172


Chicago/Turabian   Click to copy
Bloomfield, Doni, Zhigang Lu, and Aaron S. Kesselheim. “Improving the Quality of US Drug Patents Through International Awareness.” British Medical Journal 377 (2022).


MLA   Click to copy
Bloomfield, Doni, et al. “Improving the Quality of US Drug Patents Through International Awareness.” British Medical Journal, vol. 377, 2022, doi:10.1136/bmj-2021-068172.


BibTeX   Click to copy

@article{doni2022a,
  title = {Improving the Quality of US Drug Patents Through International Awareness},
  year = {2022},
  journal = {British Medical Journal},
  volume = {377},
  doi = {10.1136/bmj-2021-068172},
  author = {Bloomfield, Doni and Lu, Zhigang and Kesselheim, Aaron S.}
}

Summary: We propose and analyze a procedure the US Patent and Trademark Office (PTO) can use to improve drug patent quality by surveying parallel outcomes at other patent offices.  We find that approximately 8 percent of the most important patents protecting brand-name small-molecule drugs in the United States--those listed in the FDA Orange Book--had sibling patents discontinued at the European Patent Office before the US patent issued.  Some of these patents extend manufacturer statutory exclusivity in the United States by several years, including on multi-billion dollar products. We propose that the PTO give applications like these additional scrutiny.



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