USPTO Proposal on Patent Proceedings Gets FTC Support, Highlighting Pharma

The FTC submitted comment supporting the US Patent and Trademark Office (USPTO) April proposed rule that seeks a variety of changes to the Patent Trial and Appeal Board (PTAB) proceedings including when patent settlement agreements must be disclosed.

In its comment, the FTC supports a change that would require parties to file all pre-institution patent settlement agreements, with the USPTO, including collateral agreements, thus closing “a loophole that may otherwise allow parties to circumvent disclosure requirements.”

According to the comment, by requiring the disclosure of any settlement regardless of timing, the proposed rule change would support the FTC’s ability to identify and investigate potentially unlawful settlements in the pharmaceutical sector and across other industries, the agency said in a statement.

Read the FTC comment here.

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