Proposed US bill could allow extensions on biologics patent terms

Three US lawmakers have introduced legislation that, if passed, would allow patent owners to obtain protection for existing biologic drugs that have been approved for new indications.

The bill, styled as the Independent Innovator and Repurposing Act, was proposed by Senator Richard Blumenthal (D-CT) and Representatives Joaquin Castro (D-TX) and Randy Forbes (R-VA). It was introduced to Congress on Tuesday.

Blumenthal, Castro and Forbes hope the bill’s passage will encourage “independent innovators to pursue drug repurposing research and develop new treatments and cures by providing appropriate intellectual property protections for those innovations, and for other purposes”.

Innovators may be granted a patent term extension of five years on the patent claiming a method of using a biological product, for “regulatory delay”.