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Mpango8755 karma

I wouldnt think the problem with efficiency is patent prosecution. The issue is FDA approval generally takes a long time to evaluate safety and efficacy of a drug. If a patent is still pending, a drug company could push forward selling a drug if the FDA has approved it.

I say this as a patent attorney. I know it can take forever to prosecute a patent. Usually a drug patent has less than 10 years or less than 5 years before expiration when a drug is finally approved.

Mpango8713 karma

Very interesting points you made. I hadn't considered that. I actually only do chemical patent prosecution now, but eventually down the road would like to get permanently into biotech/pharma patent prosecution. My education has familiarized me with drug development however. I point this out to say, my experience with biotech/pharma patent prosecution is fairly limited, but I'm familiar with drug development.

In the CIP example you mentioned, are you saying an applicant would file a CIP with art cited in the parent case to get around prior art? I interned with a biotech company that had a competitor revise their claims so the biotech company would infringe. I'm not sure if it was a continuation app, an amendment they made to original claims, or what, but they wanted to stifle the competition. In my opinion, the drugs were different. I believe it worked though.

Mpango872 karma

Yea that's exactly the problem. The healthcare system infuriates me. Luckily she just got hired by a company where she was a contractor before so her health insurance is going to be way better. She intends to see a specialist then.

Mpango872 karma

Uhhh this is concerning because my girlfriend has these symptoms and every doctor has been useless.

Mpango871 karma

That's outside my knowledge area tbh. I haven't had much experience with software patents. My best guess is existing software used for analyzing covid-19 itself or possible treatments already exists and are therefore protected by existing IP.