SENATE HELP COMMITTEE TO CONSIDER MEDICATION AFFORDABILITY AND PATENT INTEGRITY ACT NEXT WEEK
The Senate Committee on Health, Education, Labor, and Pensions (HELP) will meet on Wednesday, June 17, 2026, at 10:00 a.m. to consider seven bills including S. 2658, the Medication Affordability and Patent Integrity Act. The bill, introduced by Sens. MAGGIE HASSAN (D-NH) and JOSH HAWLEY (R-MO), would require sponsors of drug applications to submit patent-related information to both the FDA and the USPTO and certify that submissions to both agencies are complete and consistent.
IPO opposes S. 2658, which is premised on the notion that biopharmaceutical innovators routinely make inconsistent statements to the FDA and USPTO that are material to patentability, despite the lack of examples of this alleged misconduct and the existing duty of candor to the USPTO. The bill also creates serious confidentiality risks by providing the USPTO with access to a patent applicant’s confidential regulatory submissions to the FDA, little if any of which would be relevant to patent examination but regardless would become part of the public patent prosecution file history. Finally, the bill singles out biopharmaceutical inventions for discriminatory treatment in the patent examination process in potential violation of the technology-neutrality principle and U.S. obligations under TRIPS.
The meeting will be held in 430 Dirksen Senate Office Building and streamed.
UPC-UPDATES: THE UPC AND ESTOPPEL
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By Aloys Hüttermann, Michalski Hüttermann & Partner
Whether there is an estoppel doctrine before the UPC is unsettled. Although a first attempt to take the claims as filed into account was disapproved by the Court of Appeal (UPC_CoA 1/2024), a different decision (UPC_CoA_402/2024) introduced something of an “estoppel through the back door” when the court stated that a patentee’s assertions before the EPO could be an indication of the understanding of the skilled person.
That decision primarily dealt with whether a certain example would work or not, but in two recent decisions (UPC_CFI_305/2026 and UPC_CFI_493/2025) the patentees’ statements were used to interpret the claims. In both cases, however, it seems that the court would have come to the same conclusions without looking into the files and references to the patentee’s statements were just further confirmation.
Though it remains to be seen whether this will become established case law, patentees should be ready to explain alleged discrepancies in arguments before EPO and UPC. Noteworthy, too, is that so far only statements before the EPO were considered; a reference to a parallel IPR procedure was disregarded in the recently published UPC_CFI_559/2024.
The author’s firm represented the plaintiff Quantificare in this proceeding. This biweekly column covers important recent decisions from the Unified Patent Court. Comments and suggestions are invited.
USPTO EXPANDS TTAB CENTER FILING CAPABILITIES
Yesterday the USPTO announced that it has added additional filing options to TTAB Center, the platform for conducting business before the Trademark Trial and Appeal Board (TTAB). Users can now respond to motions, file replies in support of motions, and respond to board orders directly through TTAB Center. The update builds on earlier enhancements that enabled parties to submit motions and update correspondence and attorney information in TTAB Center. The USPTO said it will continue transitioning users from the Electronic System for Trademark Trials and Appeals (ESTTA) to TTAB Center and plans to continue adding functionality.
JOIN THE PATENT SEARCH COMMITTEE
Effective patent searching is fundamental to strong IP strategy — and IPO’s Patent Search Committee is working to raise the bar. In 2026, the committee is actively:
- Developing guidance on acquiring, developing, and sustaining high-quality patent search skills;
- Evaluating the efficacy of third-party submissions and prior art quality; and
- Seeking opportunities for engaging with major patent offices including the USPTO, EPO, and WIPO on searching platforms and initiatives.
If you care about the quality and integrity of the patent system and want to play a role in shaping how patent searching is done, this committee is a strong fit. Apply today at www.ipo.org/joinacommittee.