Compromise infiltrates patent reform

Patent reform has been debated on Capitol Hill since 2005 but has never been enacted because of disagreements among the various players, including biotech, pharma, generics, large-tech, small-tech, manufacturing and academia. The latest bill, moved by the Senate Judiciary Committee earlier this month, represents a compromise on the two most divisive issues and is viewed more favorably by the biotech industry than legislation introduced during the last Congress.

On one of the sticking points, the addition of language to modify the process for determining damages appears to be a done deal. On the other, comments by dissenting senators suggest tweaks to the post-grant reexamination procedure are likely - considered a plus for biopharma...