Federal Court Ruling Enjoining PTO Rules is a Sound Decision, Says BIO

WASHINGTON, D.C. (October 31, 2007) -- The following statement was issued by Biotechnology Industry Organization (BIO) President and CEO Jim Greenwood regarding the preliminary injunction issued today by the U.S. District Court for the Eastern District of Virginia, enjoining the U.S. Patent and Trademark Office (PTO) from putting its new patent prosecution Rules into effect (SmithKline Beecham Corporation et al. v. Jon W. Dudas and the United States Patent and Trademark Office).

BIO is pleased that the Court has enjoined the PTO from implementing its controversial rules on continuations and claims.  This is a sound decision that reflects the concerns expressed in BIO’s recent submission in the case.

 “We hope this delay signals recognition of the unintended consequences of these rules and will ultimately result in a permanent stay.  As we have long said, the rules will adversely impact biotechnology innovation.  As written, the rules will inhibit the ability of innovators to obtain adequate coverage on their inventions, significantly decreasing their ability to attract the financing necessary to bring a product to market.

 “We recognize that the PTO has a workload challenge, but these rules are not the answer to that challenge.  We look forward to working with the PTO to develop a viable and workable solution that fairly allocates responsibility for patent quality between patent applicants and patent examiners, and that enhances the strength and integrity of the American patent system.”


About BIO

BIO represents more than 1,100 biotechnology companies, academic institutions, state biotechnology centers and related organizations across the United States and 31 other nations. BIO members are involved in the research and development of healthcare, agricultural, industrial and environmental biotechnology products.  BIO also produces the annual BIO International Convention, the global event for biotechnology.


Upcoming BIO Events

·         Pacific Rim Summit on Industrial Biotechnology and Bioenergy
November 14-16
Honolulu, Hawaii 

·      BIO CEO & Investor Conference
February 11-13, 2008
New York, NY 

·         BIO International Convention
June 17–20, 2008
San Diego, CA