PHARMACEUTICAL IP

Biotechnology

The biotech landscape demands an adaptable IP strategy that can respond to rapid scientific advances and evolving legal frameworks. At Evolve, we specialise in crafting robust IP strategies for biotech innovations, from novel therapeutic modalities to breakthrough research tools.

We understand the unique challenges biotech companies face, including platform protection considerations, competitive landscapes, and investor expectations. Our expertise helps you navigate complex IP decisions while building value-creating patent portfolios tailored to your specific technology and commercial objectives.

Sector insights...

An “immunogenic composition” is not a vaccine (T 0070/23)

While G1/24 mandates consulting the description, T 0070/23 is a crucial reminder of its limits. The case shows how the Board of Appeal refused to let a description definition override the clear technical meaning of a product claim.

The reproducibility challenge for advanced therapies (T 0827/23)

Your biotech invention works, but can you prove it’s better? A recent EPO ruling on extracellular vesicles (T 0827/23) shows why the lack of comparative data can be fatal for a patent.

How to read a biotech patent

Learn how to quickly search for and extract key information from biotech patent documents.

Is it time for patent offices to enter the bioinformatic age?

In a world in which incalculable amounts of sophisticated sequence data is freely available, are the clunky processes necessary to input patent sequence data really fit-for-purpose?

Alnylam v. Moderna and the judicious use of definitions: The European perspective

When drafting a patent, seemingly innocuous “boilerplate” definitions in the description can drastically narrow your claims, as demonstrated by the Alnylam v Moderna case in the US, highlighting the critical need for precise language to protect your invention.

Freedom to operate versus patentability in biotech: What the difference is and why it matters

Discover the critical difference between patentability and freedom to operate in biotech, and why true innovation is your best strategy for navigating the complex intellectual property landscape.

All to play for in CRISPR “first-to-invent” US patent battle as Federal Circuit instructs PTAB to reconsider (Regents v. Broad Institute, Nos. 22-1594, 22-1653)

Navigating the complex CRISPR patent landscape remains a challenge. The Federal Circuit’s decision in Regents v. Broad Institute is another in the ongoing battle between the inventors of CRISPR.

First UPC decision to tackle infringement and validity of second medical claims (Sanofi v Amgen, UPC_CFI_505/2024)

Understand the UPC’s first ruling on second medical use patents, which clarifies novelty and infringement standards but creates new hurdles for patentees, especially concerning “skinny labelling” and proving off-label use.

Rose Hughes joins Evolve

Evolve Intellectual Property is pleased to welcome Dr. Rose Hughes as our new Patent Attorney.

The plausibility of diagnostic inventions: No data, no patent (T 0589/22)

Navigating the intricacies of patenting diagnostic and medical inventions can be challenging, but a recent EPO Board of Appeal decision offers crucial guidance: clear patient population definitions and robust supporting data in the initial application are paramount for establishing “plausibility” and ensuring patent validity.
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