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Bioterrorism Defense Bill Could Change Patent Law

Law360 (October 18, 2005, 12:00 AM EDT) -- In its bid to protect the U.S. from biological terrorism, Capitol Hill is sparking a battle between the pharmaceutical industry and its generics rivals over new patent and market exclusivity in the name of national defense.

The new version of the controversial National Biodefense Act of 2005, dubbed “BioShield II,” was the subject of an executive session Tuesday before the Senate Judiciary Subcommittee on Health, Education, Labor and Pensions (HELP). The current draft will provide valuable incentives to the drug industry to spur development of defensive...
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