Intellectual Property

Intellectual property is at the center of U.S. biotech leadership. It plays an essential role in the development of lifesaving scientific advances - and the safeguarding of America's national security. Strong patents, and an efficient, predictable, and objective patent system, are critical to ensuring that America continues to leads the world in innovation, providing the United States with a global competitive advantage and spurring economic growth and the creation of high-paying jobs here at home.

Powering Biotech's Golden Age
Strong, reliable IP protections allow startups to turn breakthrough science into lifesaving treatments — which is no easy feat. Roughly nine in 10 medicines ultimately fail in clinical trials. Without IP, the financial risks of drug development would be insurmountable.

Putting U.S. Patients First
A strong patent system ensures that U.S. patients continue to have priority access to first-in-class treatments — as well as the best and newest formulations of existing medicines. On average, new drugs are launched in the U.S. a full year before they hit other major markets like Germany and Canada.

The Lifeblood of U.S. Innovation Leadership

Safeguarding National Security

          

A robust, predictable IP system fuels the drug development cycle — protecting discoveries, incentivizing risk-taking, and driving the next generation of breakthroughs. By safeguarding IP, we safeguard America's global leadership, ensuring we'll continue to out-innovate China. Over the past decade, China has increased its biopharma R&D spending 400-fold.

Spurring Capital Formation

          

For biotech startups, IP is often the only asset that attracts the investment needed to fund early-stage innovation. Weakening IP protections chokes off this critical funding pipeline — and advantages foreign competitors. "Biotech firms with robust patent portfolios attract investment 4-5 times faster than those without strategic IP protection," according to global industry data.

Strengthening Economic Growth

          

IP protections underpin the biotech sector’s ability to operate and to fuel economic growth, offer high-paying jobs, and revitalize local communities. The U.S. bioscience industry supports over 10 million jobs and $3 trillion in total economic output.

IP and the "Virtuous Circle" of Innovation
 

Advancing newer and better medicines, therapeutics, and vaccines is a collective effort that involves an entire ecosystem, not just one person or company. This virtuous circle of innovation often begins with a patient or family expressing a need, and is followed by researchers responding with innovative ideas. BIO's role is to protect, advance, and enlarge this innovation ecosystem.

"The role of BIO is going to be to make sure that that entire innovation ecosystem, that virtuous circle, is protected and advanced.”
- BIO President & CEO John F. Crowley

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The circle of biotech

Each Step Depends on Strong IP Protections

Every new medicine starts with an idea - sometimes in a lab, sometimes far outside it. From that first spark, innovators take on the high-risk, multi-step journey that turns discoveries into treatments and cures. 

Step 1 - Spark an Idea
Biotech innovation often begins by exploring ways to connect scientific insights to unmet medical needs. U.S. firms originate 61% of FDA-approved medicines.

Step 2 - Secure IP
Even in early stages, innovators file for patents to protect their novel inventions. These patents provide a foundation for everything that follows.

Step 3 - Identify a Potential Medicine
Through testing and refinement, researchers narrow in on a promising candidate with the potential to become a medicine. While scientists screen 5,000 to 10,000 chemical compounds, only one receives approval for human use.

Step 4 - Enter the Shark Tank
Armed with a patent and a smile, biotech startups seek venture capital to fund development.

Step 5 - Partner Up
At this stage, small firms — who are responsible for over 50% of all new medicines — often collaborate with other companies to run clinical trials and navigate regulatory approval.

Step 6 - Bring It to Market
After FDA approval, companies must manufacture, educate, and distribute. On average, new drugs are launched in the U.S. a full year before they hit other major markets like Germany and Canada.

Step 7 - Reinvest in the Next Breakthrough
Revenue from product sales helps fund future research. U.S. biopharma firms reinvest about 34% of their revenue into R&D, more than almost every other industry. This is how IP completes — and powers — the circle of biotech innovation.

IP conference

BIO IP Conference

November 17-19, 2025・Palm Springs, CA

This is the only conference focused specifically on intellectual property in biotechnology, featuring the latest insights from biotech IP experts, as well as networking events designed to promote discussion and foster relationships among industry colleagues. You'll come away with practical information you can put into use at your organization the next day. The conference is open to both BIO Members and non-members who work or are interested in intellectual property rights.

IP Attaché Program

BIO works with the United States Patent and Trademark Office’s (USPTO) IP attaché program, which strives to improve Intellectual property (IP) systems internationally for the benefit of U.S. stakeholders. IP attachés are posted at U.S. missions around the world to address IP issues arising in their assigned regions. 

USPTO
Press Releases
March 1, 2024
Following the conclusion of the WTO 13th Ministerial Conference in Abu Dhabi, John Murphy -- BIO's Chief Policy Officer -- made the following statement: “We are encouraged that WTO Members did not agree to extend an intellectual property waiver to Covid-19 therapeutics at the WTO 13th…
December 7, 2023
The White House just announced plans to use Bayh-Dole “march-in rights” to step in and license patent rights of drugs “developed with federal funding” to other manufacturers when the price of the drug is deemed too high. BIO's Chief Advocacy Officer, Nick Shipley, made the following statement: …
October 17, 2023
The United States International Trade Commission (USITC) today released its “COVID-19 Diagnostics and Therapeutics: Supply, Demand, and TRIPS Agreement Flexibilities” report. The report aims to analyze various issues and information gaps concerning COVID-19 diagnostics and therapeutics.  …
Letters, Comments & Testimony
May 10, 2024
BIO submitted these comments in response to the United States Patent and Trademark Office’s May 10, 2024, Notice of Proposed Rulemaking regarding Terminal Disclaimer Practice to Obviate Nonstatutory Double Patenting.
May 15, 2024
On behalf of its member organizations, Biotechnology Innovation Organization (“BIO”) respectfully submits this Comment in response to the United States Patent and Trademark Office’s (the “Patent Office” or “PTO”) February 13, 2024 Request for Comments. See 89 FR 10043 (the “Guidance”). BIO is the…
February 23, 2024
The meeting of global trade ministers at the World Trade Organization’s 13th Ministerial Conference in Abu Dhabi offers an important opportunity to build on and strengthen the open and rules-based international trading system to support better health outcomes for people across the world and help…