Mark Jolink’s Post

We are proud to announce a new label which we call "The Gobal Pharma Patent Experts". As a medium-sized boutique with four offices in Germany, with a strong bias to Chemistry, Pharma and Biotechnology, we have, in the last four years, expanded our patent counseling expertise to more than 35 countries, including places like Costa Rica or Macau, where we regularly file and prosecute patents. As a result, we have gathered expertise in markets that are typically not on the lists of the average patent law firms. Where are 2nd medical use patents available, and in which form? Are there any caveats to consider when filing divisionals in, say, India? Where are naturally occurring peptides patent eligible, and what can you do if not - like in the US? And what about target-based antibody patents - in which countries are they (still) available? We believe this expertise deserves to be shared with other companies, in particular at the treshold between small biotech/pharma company and global player. We can jump in and help. Challenge us!

Patent Pulse: A Spotlight on Recent Highlights from Small Molecule Patents | https://lnkd.in/gcZrzuqy Fri, Oct 18, 2024 9 AM PDT / 12 PM EDT / 6 PM CEST Patents and patent applications often encapsulate the most sought-after chemical matter pursued by biotech and pharma companies. For medicinal chemists, monitoring the vast patent literature beyond your immediate targets can be daunting yet potentially transformative. A patent on a different target might describe some chemical matter or data that could significantly advance your project. It's easy to overlook innovations or new targets among the deluge of patents published each week. Join us for a Coffee Chat with our team—Dennis X. Hu, Lewis Pennington, Matthew Hesse, and Dennis Koester as they explore Drug Hunter's patent highlight feature. They will share their favorite molecules and notable stories from recent patent filings. This session offers a unique platform to discover inspiring chemical matter and understand its impact on the field. You have the opportunity to submit your questions prior to the event during the registration process. In the Coffee Chat you can directly engage with our team during a live Q&A session. Don’t miss this chance to gain valuable insights and inspiration from the latest innovations in the patent literature. You can submit your questions during the registration process and engage with our team in a live Q&A session. Register here: https://lnkd.in/gcZrzuqy

The IP Court considered Pfizer Products Inc.'s application for invalidation of Rospatent's decision dated 05/26/2023, based on the results of consideration of an objection to the validity of the Eurasian patent for invention No. 012666 in the territory of the Russian Federation. The Eurasian Patent Office and PSK PHARMA LLC were involved in the case as third parties who do not make independent claims regarding the subject of the dispute. Zuykov and partners represented the interests of PSK Pharma. In this case, we are talking about Eurasian patent EA No. 012666 for a group of inventions with a filing date of 05/29/2002. On 06/21/2022, Rospatent received an objection from PSK Pharma against the validity of this patent on the territory of the Russian Federation, motivated by the inconsistency of the patented group of inventions with the conditions of patentability "industrial applicability", "novelty" and "inventive step", as well as the presence in the claims of features that were absent in the application materials on the date of its filing. The arguments of the objection relate to independent paragraphs 16 and 17, in respect of which the validity period of EA patent No. 012666 in Russia was extended until 05/29/2027. As a result, Rospatent satisfied the objection and recognized the validity of the Eurasian patent for invention No. 012666 in the territory of the Russian Federation as completely invalid. Pfizer disagreed with Rospatent's conclusions. However, the court, having assessed the evidence presented, considered that the applicant's claim to invalidate the contested decision of Rospatent could not be satisfied. Thus, the lawyers of Zuykov and partners in the case of SIP-863/2023 managed to obtain recognition of the decision previously made by Rospatent as legitimate. #ipcourt #patent #pharma #russia #pfizer https://lnkd.in/d63vmWqV

With the Inflation Reduction Act it is critical to capture as much Intellectual Property of your Small Molecule when filing an FDA application. Interesting data review of the Small Drug Patents in 2023. Throughout the industry, polymorph patent applications have increased significantly for newly approved solid/semi-solid formulation drugs. Some key considerations for polymorph patents: 🔹 A polymorph patents create technological barriers to protect against generic manufacturers, even after your compound patent expires. 🔹 Staggering your compound and polymorph patents can extend your product protection. 🔹 In some cases, we see the gap between compound and polymorph patents exceeds 10 years.

The comment period for the USPTO's proposal to use terminal disclaimers to invalidate patents that have not even been asserted, much less argued for patentability, is in only a few days. This will EVISCERATE US patent protection, especially in the drug and biotechnology fields. Attaching my comments on why Terminal Disclaimers should be abolished in entirety. However, regardless of whether you agree with this conclusion, the new regulations will cause a massive loss in value of patents subject to terminal disclaimers. PLEASE POST COMMENTS. PROPOSAL https://lnkd.in/e8phi_fn where to post comments: https://lnkd.in/e4jGdN57

🔒 Patents incentivise drug-makers to innovate, but they also allow these companies to maintain a stronghold with high-priced medications until cheaper generics can enter the market.  ⌛ Some firms extend their exclusivity by creating "patent thickets"—multiple patents on minor variations such as dosing schedules or injection devices. 🎨 This chart I've created below highlights key EU and USA patent expirations for the top 10 selling drugs of 2023. Source: BioPharmaDive Database

💡 Provisional vs. Non-Provisional Patents 💡 There are two main types of patents: But what sets them apart? Let's dive in! Provisional Patent: A provisional patent is a temporary filing that establishes an early date for your invention. It allows inventors to label their inventions as "patent pending" and gives them up to 12 months to file a full patent. This option is often chosen because it's cheaper and easier to apply for. Example: A small pharmaceutical company discovers a new active ingredient that significantly lowers blood pressure. They file a provisional patent to secure their idea and concept quickly. This gives them one year to conduct further research and refine the compound before filing a full patent application. Non-Provisional Patent: A non-provisional patent is a complete and detailed patent application. It includes a full description of the invention, drawings, and claims of the invention. Once granted, it gives the inventor exclusive rights for 20 years. However, unlike provisional patents, non-provisional patents require maintenance fees to be paid at specific intervals throughout the patent's term to keep it in force. Example: After one year of extensive research and development, the pharmaceutical company has finished its new blood pressure medication. They file a non-provisional patent application with the full details of the compound, its synthesis process, and how it functions to lower blood pressure. This detailed application, once granted gives them exclusive rights to manufacture and sell this medication for 20 years. Key Differences: 🔹 Exclusivity: A provisional patent is temporary and doesn't grant exclusive rights, while a non-provisional patent does. 🔹 Application Process: A non-provisional patent requires a more detailed application process compared to a provisional patent. 🔹 Timeline: A provisional patent gives you 12 months to file a non-provisional patent, while a non-provisional patent must be filed with all details upfront. 🔹 Cost: A provisional patent application is significantly cheaper to file than a non-provisional patent application. Additionally, non-provisional patents require maintenance fees to be paid throughout the patent's term.   So, which one should you choose? It depends on your situation and goals. #Patents #ProvisionalPatent #NonProvisionalPatent #Innovation #IP

Throughout the industry, polymorph patent applications have increased significantly for newly approved solid/semi-solid formulation drugs. Some key considerations for polymorph patents: 🔹 A polymorph patents create technological barriers to protect against generic manufacturers, even after your compound patent expires. 🔹 Staggering your compound and polymorph patents can extend your product protection. 🔹 In some cases, we see the gap between compound and polymorph patents exceeds 10 years. In this white paper, we discuss methods and case studies for how product protection can be effectively extended via polymorph patents. Industry expertise provided by Crystal Pharmatech can ensure all relevant polymorphs are covered. An incomplete polymorph patent portfolio can weaken the technological barrier that they provide. Learn more at: https://lnkd.in/eTbrRKfJ #CrystalPharmatech #Polymorph #Patent #CMC #Biotech #DrugDevelopment #Research #Technology #API #CRO #CDMO

🔋 Interesting to see some battery patents being fought over in European Patent Office oppositions 🥊 🥊 . A few years ago battery patents didn't really seem to be on the radar for opponents, with some surprisingly broad patent claims being granted with nobody coming forward to oppose them. The ongoing battery tech boom seems to be changing this. Our analysis below shows that two of the most opposed EP patents of 2023 are in battery tech: EP3984092 (Lubrizol) has a huge 11 opponents, including Shell, Castrol and TotalEnergies, and claims a method of cooling a battery by immersing it in a certain coolant fluid. EP3582989 (Mubea) has 5 opponents including Audi, and claims a specific design of an impact protector for an EV battery pack, to protect the battery pack during a collision. It will be interesting to see how these oppositions play out, and whether we see even more aggression in the battery patent world in 2024!

🟩🏷 𝗡𝗲𝘄 𝗔𝗿𝘁𝗶𝗰𝗹𝗲: <The European Research and Bolar Exemptions ‒ Background, Status Quo and a Look at the Agreement on a Unified Patent Court (UPCA) and the EU Commission’s New Draft Directive for the Reform of Pharmaceutical Legislation> by Marco Stief ▶️𝗔𝗯𝘀𝘁𝗿𝗮𝗰𝘁 A patent is a form of state monopoly granted to the owner of an invention. A patent rewards its owner with exclusive rights in exchange for innovation (‘quid pro quo’) for a limited period of time. These exclusive rights allow the patent holder to prohibit others from using the patented invention, helping to recover their research and development (R&D) costs and thereby create an incentive for further innovation. However, patents can hinder technical progress if no restrictions are imposed. Therefore, exceptions and restrictions exist to balance patent protection with the right to freedom of research under Art. 13 of the EU Charter. The most important exceptions are the so-called Bolar and research exemptions. The Bolar exemption allows generics manufacturers to seek authorization or approval under pharmaceutical law before a patent expires, enabling market entry immediately after patent expiration. The research exemption permits the use of patented inventions for research purposes. These two exceptions are increasingly important due to a shift in patent law favoring patent holders through simplified procedures and expanded rights. This article briefly outlines the history and application requirements of these two exemptions and the limits and restrictions to be observed. It also discusses the national differences in application of the Bolar and research exemptions within Europe and the new Art. 27 UPCA introduced in June 2023. Finally, the proposed amendments published in April 2023 as part of the new European pharmaceutical package will be discussed. 🟩 #GrurInternational #IP #Article https://lnkd.in/e6mQKCSC