FTC Redefines Which Drug Patent Deals Need Antitrust OK

Law360, New York (November 6, 2013, 7:36 PM EST) -- The Federal Trade Commission has revised the rules dictating when pharmaceutical companies must report a transfer of exclusive patent rights to the U.S. Department of Justice and the FTC for antitrust review and approval, the agency announced Wednesday.

The revisions to the commission’s acquisition notification requirements, which will broaden the types of pharmaceutical patent-licensing arrangements that need authorities’ blessing, clarify that even a partial transfer of patent rights can give a licensee the exclusive ability to commercially exploit a drug patent.

The changes have drawn the...
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