West Virginia College of Law professor S. Sean Tu recently published a new opinion piece in JAMA. The article, titled "Biologic Patent Thickets and Terminal Disclaimers," is co-authored by Professor Tu with Rachel Goode (Fresenius Kabi USA) and William B. Feldman (Brigham and Women's Hospital). It was published online by the journal on December 14, 2023.
The article discusses "terminal disclaimers", or stipulations added to patent applications that the follow-on patent will expire at the same time as the original. Professor Tu analyzed the use and timing of terminal disclaimers in all biologic patents involved in litigation from 2010 to 2023.
Find more of Professor Tu's scholarship on SSRN.