General

Require a fee for filing a "Paragraph 4" challenge

Problem: In the world of pharmaceutical patents, it costs the patent originator money for R&D and patent application. After a patent is awarded, a generic manufacturer may challenge the patent using a "Paragraph 4" challenge, and doesn't have to pay any fee at all. There is, therefore, no cost for a generic manufacturer to challenge a legitimately awarded patent, and a big hidden cost to the originator (who has to plan on defending "Paragraph 4" challenges).

 

Solution: Require a fee for filing a "Paragraph 4" challenge. The fee for filing should match the fee-for-patent-application paid by the originator.

 

This reduces frivolous challenges to legitimate patents. Lowers "real" cost-per-patent to biotech entrepreneurs. Increases fairness in treatment of innovators and generic manufacturers.

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Idea No. 10