The IPO Law Journal, has published a new article, “Debunking Biopharmaceutical Patent Myths: An Evidence-Based Analysis,” authored by Lisa Mueller (Casimir Jones), Julie M, Lake (Merck), Mira A. Mulvaney (Eli Lilly and Company), Richard F. Kurz (Haug Partners LLP), Wan Chieh (Jenny) Lee (Haug Partners LLP), Gustavo De Freitas Morais (Dannemann Siemsen), and Rob Rodrigues (RNA Law). 

The authors address four myths about biopharmaceutical patent practices: that companies obtain excessive patents, create patent thickets, use patents to block generic competition, and leverage trivial post-approval innovations to evergreen their exclusivity. Using data from the USPTO and FDA and independent academic research, they make the case that each myth has become accepted wisdom despite being contradicted by the evidence.