The October Mintz Life Sciences Newsletter brings the latest developments in life sciences, legal insights, and industry activity straight to your inbox. This edition includes:
On Sept 23 & 24, the USPTO and DOJ co-hosted a webinar titled, "Promoting Innovation in the Life Science Sector and Supporting Pro-Competitive Collaborations: The Role of Intellectual Property." The Mintz team attended, and we provide an overview of the event and discussions here. Below are some takeaways:
- Speakers highlighted the significant impact the life sciences industry has had on life expectancy and other health markers and the importance of limiting barriers while maintaining a system that rewards innovation.
- The USPTO continues to provide guidance to create an integrated approach to patent subject eligibility following decisions in important cases (Alice, AMP, and Mayo, in particular). The 2019 Revised Patent Subject Matter Eligibility Guidance is the most recent from the USPTO.
- Varying industry perspectives were presented on the strength and value of the current patent system for protecting innovation and providing access to such innovation as a platform for technological advances. (See pages 5-6 for "Are Changes to U.S. Patent Law Needed to Better Support Innovation in Life Sciences and the Development of COVID-19 Solutions?")
- Director Andrei Iancu of the USPTO shared that preserving IP rights during a time of crisis, such as the COVID-19 pandemic, is critical. The speed with which the industry has responded is enabled by prior technologies, innovators of which were rewarded at the time for their lengthy efforts to achieve those successes. Our system encourages inventors now and will during future crises.
- Assistant AG Makan Delrahim of the DOJ shared that IP and antitrust are great complements to each other and that his prior experience in the life sciences and with IP are valuable assets in his current role. He is a believer in a balance between protecting innovation and maintaining an open market.
- See page 12 for an interesting discussion on "Competition and Collaboration: Examining Competitive Effects and Antitrust Risks Associated with Collaborations," which features insights from small biotechs, large pharma companies, academic research institutions, and the DOJ.
For more, at this link is an overview of the event,
which captures comments from USPTO Director Andrei Iancu and
Assistant AG of the DOJ's Antitrust Division, Makan
The Mintz Health Law team authored a series of blog posts on Bioethics in late August through September. A
topic deeply important to the life sciences ecosystem, bioethics is
seeing increased visibility in communities throughout the country
due to the high profile of vaccination development efforts. The series discusses a number of topics
related to vaccine development and distribution, including
Operation Warp Speed, the framework for equitable allocation of the
COVID-19 vaccine, and an overview of bioethics generally and
lessons we've learned from the past.
Mintz and consulting affiliate ML Strategies are hosting our 5th Annual (and first virtual!) Pharmacy & Pharmaceutical Industry Summit on Tuesday and Wednesday, October 27 & 28. You are invited to join us for sessions including:
- Addressing Racial and Ethnic Disparities in Health Care
- 2020 Year in Review: Regulatory and Policy Developments Impacting Pharmacy Benefits and the Pharmaceutical Supply Chain
- Reimagining Telehealth and Digital Pharmacy Services in the Time of COVID-19 and Beyond
- The 2020 Presidential Election Outlook and the Impact on Drug Pricing
For more information and to join us, click here.
Download >> Life Sciences Newsletter — October 2020
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