Tuesday, November 16 2021   \  Published by Kluwer Patent Blog.

Inconsistent Statements to USPTO and FDA May Render Patents Unenforceable

Inconsistent Statements to USPTO and FDA May Render Patents Unenforceable

In the course of obtaining regulatory approval for a drug product in the United States, a pharmaceutical company will make numerous representations about its product in submissions to the Food and Drug Administration ("FDA"). If these representations contradict arguments made during prosecution of a patent at the United States Patent and Trademark Office ("USPTO"), they may serve as the basis for an inequitable conduct finding. Read more

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