Top 10 Topical Issues For a UK Based Biotech Patent Attorney

Issues that relate to long-term and short-term trends, immediate news and things to worry about for the future.

  1. Patent Box Starts 1 April 2013.  What do UK clients need to know?  How should they adapt their claims and filing strategies?
  2. 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.
  3. Biologics Are Going To Be Bigger Than Pharmaceuticals.  Abbott’s Humira is now the top-selling drug.
  4. 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.
  5. 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.
  6. Virtual Business.  Biotech companies are increasingly using a virtual model where R & D is outsourced.
  7. 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).
  8. 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).
  9. 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.
  10. US applicants may start to cut back on their European filings.

 

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