Ahead of the Life Sciences IP Summit 2016 from October 20 to 21 at the Hilton London Paddington Hotel, Sarah Porch of C5 previews the main talking points, including Brexit and the UPC.
An increasing number of biologics and biosimilar products are appearing in the Thai market, but there are challenges concerning IP protection and regulation, say Alan Adcock and Atthachai Homhuan of Tilleke & Gibbins.
The US Supreme Court’s Mayo and Myriad decisions have brought challenges to subject matter eligibility to the forefront in the biomedical industry, but they do not signal the end of biomedical patents. Pat Carson and Mira Atanassova Mulvaney of Kirkland & Ellis report.
In Australia, laws governing the patentability of inventions directed to gene-based technology, including isolated naturally occurring and artificial gene sequences, are contentious. Unlike the US situation, the law on patentability of inventions involving “principles of nature” in Australia has yet to be considered judicially, but that is about to change, says Grant Shoebridge of Shelston IP.
Even if India moves towards a patent-unfriendly environment for green technologies, the pro-patent and pro-environment lobbies can coexist and meet their respective goals, argue Swarup Kumar and Jitesh Kumar of Remfry & Sagar.
The US and China take very different approaches to the patentability of a range of inventions in the life sciences field, as Yu Guo of China Patent Agent reports.
Inter-partes reviews (IPRs) can be a powerful weapon against patents listed in the Orange Book. However, IPR practice favours a petitioner who has carefully thought about the issues and crafted the best strategy, says Mark Remus of Brinks Gilson & Lione.
In order to be well prepared before a generic or biosimilar marketing authorisation is approved, drugs companies in the EU may consider monitoring pending applications, says Ruth Franken of Hogan Lovells.
Everyone benefits from an efficiently run clinical drug study, including sponsors, contract research organisations, the investigator sites where patients are treated and observed, and most of all, patients, says Charlie Nicholson of Premier Research.
For many of the key questions relating to the grant of SPCs, there is some variance in the practice of national patent offices, even where there is guidance from the CJEU, as Simon Spink and Adrian Chew of Bristows explain.