Drug Patent Invalid Due to Poor Quality Translation
In IBSA Institut Biochimique v. Teva Pharmaceuticals USA, Inc. a valuable lesson was learned about relying on a translation of a non-English patent application. The IBSA Institut Biochimique (IBSAIB) hired an Italian patent agent to file a patent application in Italian for a thyroid drug formulation. The application was filed in Italy. Within 12 months of filing in Italy, IBSAIB filed a patent application in the United States, citing its Italian patent application under…