PHARMACEUTICAL IP

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  • Our Offering
    • Fractional IP counsel
    • Start-ups
    • Established pharma
    • International IP counsel
    • Investors
    • Due diligence
    • Evolve AI
  • Fractional IP counsel
  • Sectors
    • Pharmaceuticals
    • Biotechnology
    • Biologics
    • Cell & gene therapy
    • AI drug discovery
    • Chemistry
  • Evolve Insights
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  • Our offering
  • Fractional IP counsel
  • Sectors
  • Evolve Insights
  • Our team
  • Join us
  • Our offering
  • Fractional IP counsel
  • Sectors
  • Evolve Insights
  • Our team
  • Join us

Cell & gene therapy

Evolve is a specialist pharmaceutical and biotechnology IP firm. Our cell and gene therapy practice is led by an advanced therapies industry-expert who was previously IP Lead for biopharma cell therapy at AstraZeneca.

Investors and partners will ask you how the market is protected. We make sure you have a good answer.

Rose Hughes leads Evolve’s cell and gene therapy practice. Rose was formerly IP Lead for biopharma cell therapy at AstraZeneca and Director of Patents. She holds a PhD in immunology from UCL on human macrophages and lentiviral vectors, and has led IP due diligence and deal negotiation on high value cell therapy transactions. She has sat on the client side of the table, communicated IP risk and opportunities to company boards and senior executives and supported successful investor interactions. Read more: Rose Hughes

Fractional IP counsel for cell and gene therapy companies

We provide senior, in-house-calibre IP leadership on a flexible retainer. In practice that means supporting portfolio strategy, reporting IP risks and opportunities to the board, sitting in the R&D and regulatory conversations where filing timing is actually decided, and negotiating IP term sheets. Rose Hughes currently acts as lead IP counsel to a Nasdaq-listed clinical-stage cell therapy company, directing IP strategy.

We act as fractional in-house IP counsel, so this thinking is available from seed stage rather than only at the point of a transaction. Part of that work is making the portfolio explainable. Investors and acquirers ask how long the market is protected and why a competitor cannot simply design around. We help our clients answer both questions so that they can be successful in diligence and partnering. Read more: Fractional IP Counsel  |  Bridging the innovation and commercialisation gap

Why cell therapy IP works differently

The competitive threat we see in cell and gene therapy is a fast follower rather than a biosimilar, and that reverses the usual patent prosecution approach used in other fields. Rather than narrow patent claims directed exact structure of the CAR or targeting molecule, the more durable IP position is usually built around the features that drive efficacy and safety. Loss of exclusivity (LoE) for a cell therapy is rarely set by patent expiry of a narrow product patent for the targeting molecule, or by the end of regulatory exclusivity. In practice it is set by competitors, whether that is another product of the same modality or a different modality reaching the same indication. Forecasting the protected period and planning the portfolio against the backdrop of the competition in the field requires a different approach to IP strategy from someone with extensive experience in the commercial realities and opportunities of advanced therapies. Read more: Patents versus regulatory exclusivity  |  Bridging the innovation and commercialisation gap

In cell therapy, the manufacturing process and the product are two different assets, and they need different forms of protection. Process patents filed early on may get designed around, change over time, become prior art against your own improvements, and be difficult to enforce. Innovative manufacturing at the early stage is therefore often better held as a trade secret. We work with clients on where those lines fall, separating the company know-how, the process detail worth protecting as a formal trade secret, and the features where the commercial return justifies patenting and the disclosure that comes with it. Getting that division right is also what makes the moat credible to investors and potential partners. We have extensive experience helping our clients get this right for their cell or gene therapy technologies. Read more: Beyond the process  |  Pitfall of manufacturing IP (T0868/23)

The hardest part of drafting a cell therapy patent is knowing how to define the product. If the definitions are too narrow, the clinical product can fall outside the claimed markers. If it is too broad, the claim is exposed to an insufficiency objection and inaccurate or outdated definitions used in patents can adversely affect validity and scope. We are scientific experts in these technologies, and we know how to align IP with the commercial, regulatory and scientific realities of an advanced therapy programme. Read more: Defining the undefinable  |  A new way to define T cells

CAR-T patent strategy

CAR-T is the most clinically and commercially validated cell therapy modality, with approved products in haematological cancer, established franchises behind them and a move into autoimmune disease that widens the addressable market considerably. Seven CAR-T products have now been approved, and appetite for the next generation is visible in the deal flow, with more than seven billion dollars of in vivo CAR-T acquisitions announced in

the twelve months to February 2026 and a single option to acquire an in vivo developer valued at 2.58 billion dollars in 2026. In CAR-T cell therapy, getting the product IP right is the foundation of everything that follows. Patents on targeting molecules cover the molecule per se, so an antibody, ADC or bispecific patent on your target can block your CAR-T therapy product. Freedom to operate means clearing binder IP across every modality, plus the vehicle, the editing platform, the vector and the process. Timing matters as much as scope. A targeted search on the lead binder when the lead is chosen, followed by a full freedom-to-operate review once the construct, the formulation and the process are fixed, is more useful and less expensive than a broad early opinion t

hat has to be redone. Read more: The great consolidation  |  The first CAR-T for a solid tumour

A CAR-T portfolio is built from several distinct kinds of IP, and they do not all arrive at the same time. Product IP covers the construct itself, meaning the binder, the signalling and costimulatory domains, the nucleic acid, the engineered cell and the defined cell population. Clinical IP covers the treatment protocol, the conditioning and dosing regimen, methods of use, the patient subpopulations that respond and each new indication. Process IP covers the manufacturing route and the analytics that define the product, and platform IP covers whatever is reusable across more than one product. Much of the clinical and process IP is generated by the programme itself, and a good deal of it can be claimed from data a company already holds. We are experts in finding, identifying and capturing this IP. Read more: Bridging the innovation and commercialisation gap  |  T 1555/23

Filings also need to look forward. A payload and a targeting moiety developed for an autologous CAR-T will usually carry value into other indications and other modalities, from allogeneic products through to in vivo CAR-T, and claims drafted only to the construct in the clinic today give that away for nothing. Read more: IP strategy for the universal cell therapy revolution  |  Juno v Kite

Lentiviral vector IP and freedom to operate

Lentiviral vectors remain the workhorse of ex vivo gene delivery, and vector performance, titre and stability drive both the science and the cost of goods of every product built on them. Every currently approved ex vivo CAR-T product depends on a viral vector to deliver the construct, and vector supply, performance and licence terms are all negotiated against that dependency. We advise on lentiviral vector IP strategy for therapeutics developers and for vector manufacturers, and we do it from a research background in the technology. Our cell therapy IP experts are scientific specialists in the field, with doctoral research behind them in vector design and delivery, including the construction and cloning of VSV-G pseudotyped lentiviral vectors. Read more: IP strategy for the universal cell therapy revolution

A lentivector particle for cell and gene therapy can be an assembly of separately owned parts, so freedom to operate and patentability both have to be worked through component by component, as well as in combination. Each of those parts may carry its own in-licence or IP risk. The envelope and its pseudotyping, the mutations that detarget it, the cell-specific targeting moiety, the payload and the surrounding vector design each sit in a different and densely filed landscape. We help clients build a patent estate of their own that captures their innovation, steers around third party rights and avoids licences they do not need to take. Read more: Overcoming freedom to operate and patentability challenges

Lipid nanoparticle IP and freedom to operate

Lipid nanoparticles are the delivery platform that made RNA medicines viable at scale, and the same chemistry now underpins in vivo gene editing and in vivo cell engineering, which is why the formulation itself carries so much of the commercial value. The stakes were made plain by a more than 2 billion dollar global settlement over LNP delivery patents, and supply remains concentrated in fewer than ten GMP-grade ionisable lipid manufacturers worldwide. For RNA and gene therapy developers, our lipid nanoparticle work covers both sides of the problem, clearing freedom to operate on the formulation and building a patent estate around it that stands up to investor scrutiny. Ownership of the underlying technology is just as fragmented here as it is for viral vectors, but the pressure points are different. Clearance and patentability turn on the formulation as a whole and on every ingredient within it. The ionisable lipid, the PEGylated lipid and the rest of the lipid mix, any targeting moiety, the payload, the manufacturing method and the indication are each claimed separately, frequently by different owners, and the combination is often claimed again over the top. Read more: Navigating the complex LNP IP landscape  |  Overcoming freedom to operate and patentability challenges

Lipid nanoparticle delivery is also the most heavily litigated landscape in advanced therapies. The disputes are instructive and we monitor the litigation landscape closely so that our clients stay informed about the risks. Our role is to help our client navigate the complexities of the landscape, protect their own innovation, and make the resulting position attractive to investors and partners.

Read more: Navigating the complex LNP IP landscape  |  The great consolidation

Regenerative medicine and stem cell patent strategy

iPSC and ESC derived cells offer something autologous therapy cannot, a renewable and bankable starting material that turns a bespoke treatment into a manufacturable product with a real cost base. In February 2026 Japan granted the world’s first conditional approvals for iPSC-derived therapies, one in Parkinson’s disease and one in severe heart failure, which moves the field from research promise into a commercial market with real competitors. Read more: Beyond the process  |  The great consolidation

We help regenerative medicine companies with the IP strategy for iPSC and ESC derived products, from the provenance of the starting cell line through to the clinical product itself. Read more: Defining the undefinable  |  T 0827/23

The law on iPSC-derived products diverges sharply between the US and Europe. We work out a patent strategy that actually holds in each jurisdiction before filing. We also advise clients on their global patent filing footprint for regenerative technologies, based on the commercialization plan and evolving patent law. Read more: Restem v Jadi Cell  |  T 1259/22

CAR-macrophage IP

Macrophages reach solid tumours and inflamed tissue that engineered T cells struggle to enter, which is the scientific reason the field exists and the commercial reason it attracts investment while still at an early stage. The first-in-human CAR-macrophage trial, in fourteen patients with HER2-overexpressing solid tumours, reported safety and manufacturing feasibility in Nature Medicine in 2025, and that single dataset is carrying much of the field’s investment case. We are proud experts in macrophage biology. Our cell therapy expert, Rose Hughes, holds a PhD thesis was directed to human macrophage, and we are excited by the potential of these cells to be the next big thing in cell therapy. The IP opportunities in this space are huge. Read more: CAR-Macrophage (CAR-M) cell therapy  |  Defining the undefinable

Sector insights...

IP strategy for Cell Therapy: FAQs

  • 21st August 2026
When do we need a freedom to operate opinion for our cell therapy product? Only once the product is finalised and heading into the clinic. A full opinion on a construct, a formulation and a process that are all still moving will be out of date before it is delivered, so the right moment is…

Navigating the complex LNP IP landscape

  • 1st July 2026
It is difficult to find a field of patent law in pharma and biotech at the moment that is more complicated and fast-moving than the field of lipid nanoparticles (LNPs). IP strategy for LNPs involves sophisticated science, multiple and overlapping technology platforms, trade secret and ownership disputes and global patent cross-litigation.

The first CAR-T for a solid tumour has arrived: What satri-cel’s approval means for the market

  • 22nd June 2026
On 22 June 2026, China’s National Medical Products Administration (NMPA) approved satricabtagene autoleucel, or satri-cel, making it the world’s first CAR-T cell therapy cleared for a solid tumour. Developed by Shanghai-based CARsgen Therapeutics, the therapy is approved in China for patients with Claudin18.2-positive, HER2-negative advanced gastric and gastro-oesophageal junction (GEJ) cancer who have already failed…

Patenting stem cell therapies in the US: The role and risks of product-by-process claims (Restem v Jadi cell)

  • 21st May 2026
Patenting stem cell therapies in the US is a difficult business, especially if your cell therapy product is defined solely by natural surface cell markers and lacks any form of genetic modification.

A new way to define T cells and what it means for cell therapy IP

  • 27th March 2026
A primary objective of a pharmaceutical patent is to provide robust protection for the drug product itself. Defining a cell therapy product represents a challenge in this respect, given their inherent complexity, heterogeneity and instability.

The validity and value of cell therapy safety protocol inventions (T 1555/23)

  • 11th March 2026
The patent in T 1555/23 is impressively broad. The claims covered a medical use invention comprising treating the side effects of CAR-T cell therapy using the now industry-standard class of cytokine inhibitor. The claim was not limited to any particular CAR-T cell therapy, target, type of cancer or specific inhibitor.

CAR-Macrophage (CAR-M) cell therapy: Advantages, challenges, and emerging innovations

  • 20th October 2025
Are macrophages the next big thing in cell therapy?

Overcoming the freedom to operate and patentability challenges for cell therapies

  • 9th September 2025
How do you navigate the freedom to operate and patentability challenges in a field as complex, competitive and crowded as cell therapy?

Bridging the innovation and commercialisation gap: IP strategy for advanced therapies

  • 5th September 2025
Three principles of effective IP strategy for cell and gene therapies.

IP strategy for the universal cell therapy revolution

  • 27th August 2025
The cell therapy landscape is at a pivotal moment. There is a considerable pressure within the industry to solve the manufacturing and logistical challenges that have defined the first generation of cell therapies.
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