Biotechnology & Pharmaceuticals
We are experts in devising overall strategies for maximising patent (and SPC) protection for a product.
There are a number of challenges faced by those seeking to maximise revenue from inventions in the chemical field, in particular within pharma and biotech. Patent term is limited, generally to twenty years, although in some jurisdictions it is possible to extend protection for up to five years for specific products using Supplementary Protection Certificates (SPCs).
Nevertheless, it is likely that a biotech or pharma IP owner will only begin to recoup their R&D investment when a product receives Marketing Authorisation and enters the market – often ten to 15 years (or longer) into the lifetime of the patent. This means that the effective duration of the IP protection available to a biotech or pharma business is limited in comparison to that in other fields. Strong patent protection worldwide is therefore vital to ensure that a biotech or pharma IP owner enjoys the rewards of their research and development, following product launch, for as long as possible.
Further, patent protection is also important prior to launch, because for a small start-up company for example, this is likely to be the asset that is most attractive to potential investors or larger companies wishing to acquire rights in the product and/or company.
