Intellectual Property Partner Kevin O'Connor published an article titled "Orange Book Eligibility for Drug Patents" in Bloomberg Law. The article mentions that the Food and Drug Administration (FDA)’s "Orange Book" contains approved drug products and patents that protect them, along with eligibility criteria covering the drug substance, product, or method of use. It also highlights that only specific types of patents are eligible for listing, and recent scrutiny from the Federal Trade Commission (FTC) notes the importance of accurate patent submissions to avoid improper listings, especially for patents that do not directly claim the drug itself.
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