Patentability of COVID-19 Vaccines
Zoë Haggerty In many ways, the COVID-19 crisis has disproportionately affected the most vulnerable and underprivileged members of society. National lockdowns, halted economies, and overburdened hospital systems have significantly exacerbated the obstacles faced by those already financially insecure. In light of these unique and widespread challenges, it is crucial that the marginalized members of society not be neglected as global and domestic health agencies push for efficient vaccine distribution. The implications of patenting COVID-19 vaccines are likely to disadvantage such members unless measures are taken to ensure the accessibility of such vaccines. This Essay explores the options of expanding or...
A Review of the Modern IPR Process
Michael Thomas Once a patent is issued for a drug there is still a chance that the validity of the patent may be challenged. One such way a purported infringer or competitor can challenge a patent’s validity is through an inter partes review (IPR) Process allowed by the United States Patent and Trademark Office (USPTO). Until recently the use of this process by generic drug-makers to invalidate patents has had no success. However, a recent decision by the Patent Trial and Appeal Board (PTAB) gave generic drug-makers their first break when they invalidated the patent for the multiple sclerosis drug...
Proveris v. Innovasystems: Redefining a Patented Invention Under § 271(E)(1): An Examination of the Federal Circuit’s Narrowing of the § 271(e)(1) “Safe Harbor” Exemption
Duane C. Marks By reducing the scope of “patented inventions” within § 271(e)(1) to only inventions comporting with the “perfect product fit” analysis, Proveris has drastically altered the function of § 271(e)(1) and potentially impairs the ability of generic manufactures to fully utilize the ANDA process created in Title I of the Act. Adherence to Proveris’ “perfect product fit” rule risks establishing loopholes that potentially allows patent holders of pioneer drugs and medical devices to delay generic manufacturers from bringing less expensive generics to the market. This Note critiques the Federal Circuit’s recent narrowing of § 271(e)(1) in Proveris. Part...
The Biologics Price Competition and Innovation Act: Innovation Must Come Before Price Competition
Robert N. Sahr In an effort to reduce the costs of medicine for patients, Congress must be especially careful not to impair the ability of the biotechnology industry to thrive by substantially diminishing profitability. Currently, the biotechnology industry is “still relatively nascent” and is largely fueled by venture capital investment. Of the approximately 1400 biotechnology companies operating in the United States today, only twenty are profitable. Many of these companies are small, with revenues of under a million dollars per year, and do not even have a product on the market yet. Leaders in the biotechnology industry have expressed concern...
Is Genericide a Matter of Fact or of Merit?
Shoshana Stern Courts’ analyses of genericness are rarely straightforward. Because few courts either say what they are doing or do what they say on this count, it can be difficult to determine what is actually going on. Through analysis of a number of historic cases and a few contemporary ones, this paper will explore the ways in which genericide has been treated. It will also investigate the extent to which courts’ vagueness in defining what a trademark owner must do to protect its mark has compelled mark owners to be excessively zealous in prosecuting infringers, out of fear that inaction...
Why Domain Names Are Not Generic: An Analysis of Why Domain Names Incorporating Generic Terms Are Entitled to Trademark Protection
Sarah E. Akhtar As of the date of this paper, none of the previously listed companies have attained federal registration of their service marks. According to the results of a trademark search conducted on December 17, 1999 using Thomson & Thomson, both DRUGSTORE.COM and VITAMINS.COM are the subjects of pending applications in the United States Patent and Trademark Office (“USPTO”). PETSTORE.COM had not yet filed an application for registration. However, under new office policies, the USPTO may refuse registration to each company’s “domain name trademark” on the grounds that it is generic. While the USPTO follows traditional trademark law for determining whether any trademark can obtain...