Hatch’s Swan Song: A Bill to Block Generic Companies’ IPR Filings
From the article:
Retiring Sen. Orrin Hatch (R-UT) and two Republican colleagues in the House and Senate proposed a bill earlier this week to prevent generic drug applicants from taking advantage of the inter partes review (IPR) created under the America Invents Act.
The bill, known as the Hatch-Waxman Integrity Act of 2018, would require a generic manufacturer wishing to challenge a brand-name drug patent to choose between the Hatch-Waxman legal framework and the IPR.
Generic drugmakers have embraced the IPR and successfully challenged patents about 50% of the time, according to a recent study published in Applied Health Economics and Health Policy.