Redefinition Of U.S. Patent Lifetime Triggered By GATT Raises Questions, Concerns Among Biotech Companies

Sidebar: Patent Primer MERCK SUES FOR LONGER PATENT TERM UNDER INTERIM GATT RULES Under a new definition of patent lifetimes in effect since June, the United States Patent and Trademark Office (PTO) hopes inventors who process their patent applications expeditiously can obtain an additional year or two of patent protection. But for scientists in the biotechnology industry, the question remains whether their inventions can be pushed through the system any faster. And even if PTO shortens the t

Written byLee Katterman

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And even if PTO shortens the time to process complex patent applications for biotech-related drugs and assays, the industry must also secure quick approval from the U.S. Food and Drug Administration (FDA) before any product can benefit from the longer patent lifetime touted by the patent office.

STRATEGY: Tom DesRosier says scientists provide key input in patent applications.

The patent office points out that for patents issued from applications filed after June 8, 1995, a longer term of protection will be available if the prosecution takes less than three years. According to PTO, the average patent application takes 19 months to process, and about 21 months in the biotechnology area, so it contends there should be many "winners" under the new rules. (See accompanying story for a description of the patenting process.)

But these time frames don't apply to everyone, particularly in the biotechnology industry, where convincing a patent examiner ...

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