LSIPR 50 2017: Lars Kellberg—The challenge of IPRs

According to Lars Kellberg, corporate vice president and corporate patents of Novo Nordisk, the company is always prepared to combat a patent attack. Since the introduction of the inter partes review (IPR) system in the US, the company has had to reconsider its approach to protecting its innovations because, in its opinion, the IPR is weakening the patent system.

“Although the IPR is a new mechanism, the statistics already show that the likelihood of surviving an IPR is surprisingly low,” says Kellberg.

“This is especially surprising when you take into consideration that the US Patent and Trademark Office (USPTO) has carried out a thorough examination of the patent.”

Kellberg explains that IPRs are difficult to combat because they are a cheap way of challenging patents and give a patent challenger more incentive to proceed with action.

“Patents are critical for the pharmaceutical industry. We have relatively few patents but each patent is worth a lot. So if a blockbuster patent is invalidated, it can be detrimental for the company,” he says.