ARTICLE | Regulation

Testing the reach of process patents

November 5, 2001 8:00 AM UTC

Recent developments in two patent infringement lawsuits address the ability of companies to claim infringement of their U.S. patents by products made in other countries using the patented material or process and then imported into the U.S. The results will be especially important for companies involved in drug discovery, whose products are information rather than compounds.

A recent decision in the U.S. District Court for the District of Delaware suggests that companies with patents that cover processes used in drug discovery - such as lead compound screening - may not be able to claim infringement by products developed offshore using those processes. ...