FTC Patent License Rule Sure To Annoy Drugmakers

Law360, New York (November 7, 2013, 8:54 PM EST) -- The Federal Trade Commission's newly finalized rule requiring pharmaceutical companies to report more exclusive patent licenses for antitrust approval under the Hart-Scott-Rodino Act will increase costs and delays for the industry while leaving drugmakers struggling to figure out whether their licenses require notification, attorneys said Thursday.

Under the rule published Wednesday, pharmaceutical companies will now have to notify the agency of any license that gives an exclusive licensee "all commercially significant rights" to use a patent or part of one — even if the licensor holds...
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