Intellectual property is of paramount importance in the pharmaceutical sector. While some degree of regulatory protection is available in many markets, patents (and their PTE/SPC extensions) will often provide a considerable commercial & exclusivity uplift for a given asset. With such high value at stake, pharmaceutical patents can often become the target of determined and creative litigation – so insightful and careful drafting and prosecution is particularly important in this area.
Our large team of pharmaceutical IP specialists means that we can offer genuine expertise across all classes of therapeutics, from small molecule drugs and modulators, antibody-drug conjugates and other bifunctional molecules such as PROTACS, to biologics and cell therapeutics including polypeptides, monoclonal antibodies, nucleic acid therapeutics, vaccines, stem cells and cellular immunotherapy.
We know how to support drug development from conception to marketing and have done so for numerous biologics, including Lyxumia® and Nutropin®, for antibody-drug conjugates including Zynlonta®, and for small molecules including a blockbuster anti-cancer drug. As further examples of our work with high-value therapeutics, we have developed and protected the patent portfolios for monoclonal antibodies including Herceptin®, Humira®, Avastin®, Rituxan®, Lucentis®, Xolair® and Perjeta®.
Our attorneys also have expertise in obtaining broad IP protection for novel and emerging classes of therapeutics. For instance, we obtained the first class-level patent protection for aptamers and have since prosecuted over 150 patents related to aptamer technology.
Of course, pharmaceutical IP support can extend long after initial global launch. We recognise the importance patent portfolio building and life-cycle management, and we can support the drafting and prosecution of patents protecting follow-on innovations such as novel methods of synthesis, novel salts and polymorphs, high purity forms, pharmaceutical formulations, combination therapies, dosage regimes and new medical uses.
Our patent attorneys are supported by our specialist Extensions and Exclusivity team made up of experts having many years of experience in SPCs, PTEs and Regulatory Exclusivity, including an experienced IP counsel who previously specialised in this area at a global pharmaceutical company. The team regularly supports clients on strategic commercial exclusivity analysis for their products – taking account of the patent, regulatory and real-world factors in order to guide extensions strategy, before progressing on to the SPC and PTE filings themselves.
