The IP Factor

Glaxo Smithkline is suing the USPTO,  claiming that the new rules regarding numbers of claims and continuations that were recently introduced by the USPTO and which will take place from November, but will take effect retroactively, adversely affect the worth of the hundred or so pending applications.

See http://online.wsj.com/article/SB119222021049457580.html?mod=googlenews_wsj

for more details.

Pharmaceutical patent applications (at least those filed before the changes) tend to be long, tortuous documents filed in the early stages of research, and subject to numerous continuations. Where the stakes are high, the cost of drafting and prosecuting patents is of secondary importance.

Of course, what is bad for the drug developers, is good for the generics. Israel pharmaceutical companies such as Teva and Unipharm probably gain from the recent changes, as will Indian generic manufacturers.