19 December 2014

December newsletter in 60 seconds

The battle between innovative pharma companies and generic drug rivals is a constant source of interest for readers of Life Sciences Intellectual Property Review. Although the nature of these disputes is typically identical, their commercial importance for both sides is extremely high. That means, from a practical viewpoint, our coverage of the age-old rows will continue to be useful.

With this is mind, we asked Janis Fraser and Christine Goddard, both principals at law firm Fish & Richardson, to provide their six top tips for keeping your patents bulletproof. One of the most interesting situations they describe (and one to avoid) is where an individual who does not assign a patent to a company, and has no obligation to do so, is later deemed by a court to be an inventor. If that individual licenses or assigns the rights to a competitor, the patent cannot be asserted against the latter. “It’s a nightmare scenario,” say Fraser and Goddard.

Their advice is highly detailed although, as the authors admit, it highlights only a few of the many important factors to consider when building a strong pharma patent. Nonetheless, we hope the advice, which includes “knowing your enemy” and “embracing the narrow”, is both informative and helpful, and we would welcome any more suggestions for keeping a patent sturdy.

We hope you enjoy this and all the other content in what is the final issue of the LSIPR newsletter this year. Merry Christmas and have a prosperous New Year.

Ed Conlon, Group editor

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