Issues that relate to long-term and short-term trends, immediate news and things to worry about for the future.
- Patent Box Starts 1 April 2013. What do UK clients need to know? How should they adapt their claims and filing strategies?
- Big Pharma Reorganisation. Big pharma is having to rethink itself given expiry of valuable patents and increasing cost of R & D which is not yielding enough new drugs.
- Biologics Are Going To Be Bigger Than Pharmaceuticals. Abbott’s Humira is now the top-selling drug.
- Venture Capital Funding is Decreasing. Early stage biotech companies will find it more difficult to get VC funding as investors start to get impatient with the sector.
- Uncertainty Over Diagnosis Claims in the US. The US Supreme Court decision Mayo vs Prometheus is very unhelpful for obtaining protection in the US for diagnostic inventions.
- Virtual Business. Biotech companies are increasingly using a virtual model where R & D is outsourced.
- The EPO recently decided that emails do not represent a public disclosure (T2/09) and that websites which are not accessible by a search engine using keywords related to their content are also not publically disclosed (T1553/06).
- The UK Courts are making an increased effort to follow EPO decisions and interpretations (inventive step in Conor vs Angiotech and industrial applicability in HGS vs Eli Lilly).
- The Flexibility of the Medical Use Claim. The EPO decided in G2/08 that medical use claims could be limited in a diverse number of ways, so that, for example, administration schedules could be protected.
- US applicants may start to cut back on their European filings.