Mintz Member Kenneth Jenkins was quoted in Managing IP discussing the USPTO’s plan to ease generic drug entry and how this could help reduce the resources and time pharma businesses spend on prosecution and litigation. Kenneth commented, "life sciences companies often depend on this method to overcome obviousness rejections... [and he] frequently asks inventors whether there are comparative results and evidence of unexpected properties... [and he] might change his advice to his clients if there’s increased scrutiny depending on what said increased scrutiny entails". He continued and said, "lawyers often spend the first 10 to 15 minutes of interviews getting examiners up to speed with the technology... [and he] doesn’t think increased examiner time will affect how he drafts applications, however, because he typically writes claims with the expectation that they’ll be prosecuted worldwide." 

 

Source

Managing IP