Patent Regulation Unconstitutional

Washington, (D.C.) – CropLife America, an association representing the crop protection and plant science industries, today filed a friend of the court brief urging a federal court to find unconstitutional a new regulation promulgated by the Patent and Trademark Office which severely limits the ability of patent applicants to amend their patent applications. The brief, filed by the Washington, D.C. law firm of Marzulla Law, points out that patent applications are property, and that the Fifth Amendment to the Constitution forbids the taking of property without just compensation.

“Crop protection is a high-risk area for research and investment,” said Nancie Marzulla, attorney for CropLife. “The chances that a product will make it to market are about one in 140,000, and the average development cost for a new agrochemical averages about $185 million. Without strong intellectual property protection, there will be few, if any, advances in agricultural production,” she continued.

The case, Tafas v. Dudas, is pending in the federal district court for the Eastern District of Virginia. On October 31, 2007, the court issued a preliminary injunction prohibiting the regulation from going into effect pending a hearing on the merits. That hearing is set for Alexandria, Virginia on February 8, 2008.

CropLife America was organized in 1933 as a national, non-profit trade organization representing the major manufacturers, formulators, and distributors of crop protection and pest control products. Headquartered in Washington, D.C., CropLife America’s member companies produce, sell, and distribute most of the active compounds used in crop protection products registered for use in the United States. The Association also represents all of the leading members of the plant science industry.

MARZULLA LAW is a Washington, D.C.-based law firm that has extensive experience in litigation of complex regulatory and constitutional claims on behalf of home and business owners. Further information about the case is available on-line at http://www.marzullalaw.com.

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