Specific Comments on the IPO’s Draft Pharmaceutical Guidelines (2026)
There is no easier way to put it – the IPO’s Draft Guidelines for Examination of Patent Applications in the Field of Pharmaceuticals, 2026 (“2026 Draft Guidelines”) released 15 days ago have severe problems and require substantial reworking. There are many concerning reasons warranting an immediate and thorough revision of this draft for it to avoid disrupting patent law and patent prosecution as we know it. The 2026 Draft Guidelines have misquoted certain statutory provisions, misinterpreted some judicial decisions, misapplied
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