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GPhA Statement on Judiciary Committee Approval of Patent Reform Act of 2009

Arlington, VA, April 2, 2009 – The Generic Pharmaceutical Association (GPhA) released the following statement today from GPhA President and CEO Kathleen Jaeger praising Senator Patrick Leahy (D-VT) for his leadership following Senate Judiciary Committee approval of the Patent Reform Act of 2009.

“GPhA applauds Senator Leahy for his leadership and congratulates the members of the Judiciary Committee for approving the Patent Reform Act of 2009, which will protect and enhance the integrity of the patent process while also ensuring that Americans have access to affordable generic medicines. The legislation approved by the Committee today preserves the inequitable conduct penalty that helps to prevent patent filers from cheating, misleading, or deceiving PTO in an effort to secure and maintain dubious patents.

“Under the doctrine of inequitable conduct, a court can render a patent unenforceable if the patent applicant made material misrepresentations or withheld information during the patent application process with intent to deceive the PTO. That is why GPhA and such organizations as AARP, Consumer Federation of America, Consumers Union and U.S. Public Interest Research Group had strongly encouraged the Committee members to maintain a strong position on inequitable conduct. Weakening inequitable conduct provisions would have caused incredible harm to the nation’s healthcare system.

“We are pleased that the legislation as passed by the Committee does not contain provisions that could have had the unintended consequences of erecting any barriers to the introduction of generic medicines that help consumers save money, particularly in these difficult economic times.”

GPhA represents the manufacturers and distributors of finished generic pharmaceuticals, manufacturers and distributors of bulk active pharmaceutical chemicals, and suppliers of other goods and services to the generic drug industry. Generics represent 69% of the total prescriptions dispensed in the United States, but only 16% of all dollars spent on prescription drugs. For more information about the industry, visit www.gphaonline.org.

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