FDA Urged To Collaborate With USPTO On Orange Book Listings, Eliminate Patent Use Codes

The US Food and Drug Administration should work with the US Patent and Trademark Office to verify information submitted for inclusion in the Orange Book is correct, a professor said at their joint public “listening session.”

S. Sean Tu, a professor at West Virginia University College of Law, focused on how the FDA and USPTO could deter creation of pharmaceutical patent thickets. He said continuation patents are a key component of thickets because they allow drug companies to build large portfolios of lower quality patents