In recent years the use of intellectual property within the pharmaceutical sector has changed. Previously pharmaceutical companies built a portfolio of patents simply as a defence against competitors. Now business strategy within the pharmaceutical sector has become much more sophisticated, with intellectual property being at the heart of research and development and any strategic action. In addition to using patents as a barrier to entry there is now a need to minimise the risk of costly litigation, as well as maximising any potential licensing revenue from non-core IP assets.

Gill Jennings & Every’s pharmaceutical team understand both the commercial realities of the pharmaceutical sector and the practical challenges of getting a drug to market and securing a valuable revenue stream.We aim to obtain strong initial IP protection and we draft, prosecute and litigate with a consistent and coherent plan throughout the pharmaceutical patent lifecycle. We will work with you to develop technical, legal and geographical strategies which maximise the commercial value over the pharmaceutical product lifecycle, for example by filing follow-up applications covering new and inventive formulations, salt forms, polymorphs, dosage regimes, combination products, and new medical indications. Our industry-leading team ensures the best prospects for obtaining robust and defensible SPC protection.

Many of our professionals have worked in industry and all have experience of working with leading drug companies, providing us with a genuine insight into our clients’ technology and business objectives. The team has a wide range of expertise including —

Freedom to operate and market intelligence

In the pharmaceutical sector it has become increasingly necessary to minimise the risk of patent infringement in both research & development and commercial production. We conduct searches to assess the novelty of a particular invention before a patent application is filed. Similarly, we can identify patents that might be infringed prior to launching a new product – known as a freedom to operate search.

The results of searches can also be used to reveal competitor activities that might infringe your own patents, which can be an effective way of policing an IP portfolio or to provide prime leads for an IP licensing strategy.

Effective management of costs

We help you to efficiently manage your IP and the associated costs. Our bespoke client portal provides direct access to your portfolio, enabling you to easily review the scope and status of your portfolio. We appreciate that cash is the lifeblood of a growing business. We provide our clients with annual and/or quarterly cost estimates to assist with cash flow management. Where appropriate, we advise on how to minimise costs, and which costs can be delayed without putting your IP at risk.

Alternative business strategies

We understand that getting a drug to market may not be your immediate goal. Perhaps you want to raise finance for growth or implement an exit strategy. We have helped our clients in numerous funding rounds, and have successfully steered many companies through acquisitions. We regularly conduct due diligence on both sides of the deal, so getting small pharmaceutical companies ‘due diligence ready’ as part of an exit strategy comes as second nature to us.

A leading oppositions team

Due to their high value, pharmaceutical patents are frequently disputed. A third party may seek to invalidate your patent, or perhaps you want to remove a patent which stands in your commercial path. Either way, our dedicated oppositions group has considerable experience and demonstrable, sector-leading success statistics for defending and attacking the validity of patents. Indeed, over the years we have represented the patent owner in over 1000 opposition proceedings. We are confident that we will provide you with a defence or attack which is second to none. See here for more information on our patent opposition practice.

We take pride in our work. If you are an ambitious business and you expect high performance from your IP service provider, then we want to work with you. Please get in touch with us to arrange an initial discussion at our offices in London or at your place of business. We look forward to hearing from you.

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