FDA Reexamination: Increased Communication Between the FDA and USPTO to Improve Patent Quality

Communication between the U.S. Patent and Trademark Office (PTO) and the Food and Drug Administration (FDA) is sorely lacking. This lack of communication has created issues where firms will make significantly different statements to the FDA that directly conflict with statements made to the PTO. This problem has not gone unnoticed by President Biden who has signed an executive order asking the FDA and PTO to enhance collaborative efforts. Similarly, Senators Leahy and Tillis have noted this conflict and asked the PTO to take action.

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