Novartis AG had reason to cheer in May when an appeals court upheld the validity of two patents covering its Exelon Patch (rivastigmine) for Alzheimer’s disease. But the victory was short-lived. Four months later, a panel of administrative judges at the US Patent and Trademark Office concluded several of the patent claims were unpatentable.
The conflicting opinions highlight the challenges innovators face from the PTO’s new inter partes review (IPR) proceeding. The process was...