Nelson Quoted on Possible Government Remedy for Biosimilar Patent Disputes

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Nelson Quoted on Possible Government Remedy for Biosimilar Patent Disputes

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Biosimilars Review and Report

Partner Kevin Nelson was quoted on the potential use of Section 1498 of the Patent and Trademark Amendments Act of 1980 to increase access to biosimilar products.

Kevin said, “Section 1498 operates sort of like eminent domain, but with patent and copyright rights. The government (or an entity at its designation) can make or use something that is protected by patent or copyright without the owner’s consent, but has to pay the owner reasonable compensation.”

Read more about Kevin’s analysis of the interplay between Section 1498 and the biosimilar market in the full article, which can be found here.