PHARMACEUTICAL IP

Pharmaceuticals

Evolve is a pharmaceutical specialist IP firm, offering comprehensive intellectual property services built on the experience of our attorneys in both in-house and private practice settings. We provide strategic counsel throughout the innovation lifecycle, from drafting and portfolio management to licensing, due diligence, and contentious matters.

Evolve is built on the deep expertise of our qualified attorneys in the pharmaceutical and biotech sector. With our personalized approach, scientific backgrounds and industry insights, we deliver tailored and pragmatic IP solutions for our pharmaceutical and biotechnology clients.

Sector insights...

Sufficiency at the priority date: A study protocol is not “the same” as a therapeutic effect invention (T0883/23)

Therapeutic inventions are generally not considered sufficiently disclosed absent supporting data. The recent decision in T 0883/23 found that this applies both at the priority date and the filing date of the patent.

Patentee’s own post-published data undermines the credibility of their broad cat antibody patent (T 0709/23)

How early is too early to file a biotech patent? EPO decision T 0709/23 provides a costly answer, demonstrating the fatal risks of claiming a broad therapeutic use before the link between structure, function, and actual effect is truly understood.

From oil to gemstones: Our shifting understanding of the value of data

The concept of data as oil has been around for a number of years, but does the analogy still hold? In the pharma and biotech industry, there is now a shift away from thinking of data as a bulk commodity of raw material, towards the pursuit of high quality data that can improve the performance…

Evolve AI: Building AI tools for IP that are expert-led and pharma-specific

We believe that the value of AI for our profession lies in developing highly specialised tools that build upon and incorporate domain-specific attorney expertise.

Why patents matter: Understanding the importance of IP in the pharma industry

Patents are core to the pharma industry. How does this translate into how the pharma industry thinks about IP?

The morality (and patentability) of inventions derived by immoral means (T 2510/18)

Should patents be granted for inventions born from unethical practices, even if they offer significant societal benefits?

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.

Event report: C5 Pharma & Biotech Patent Litigation in Europe (Day 1), Plausibility, UPC and antibody IP strategy

Navigating European pharma and biotech patent litigation is more complex than ever, with ongoing debates on plausibility, UPC intricacies, claim interpretation, and divergent strategies for antibody inventions.

Commercial success is a nothing-burger for the EPO in Wegovy patent inventive step analysis (T 1701/22, Obesity treatment with semaglutide)

Novo Nordisk’s recent setback with the European Patent Office (EPO) for semaglutide offers a critical lesson: even revolutionary drugs face patent rejection if their underlying composition, dose, and pH are deemed obvious in light of prior art, proving that commercial success alone cannot ensure patentability.
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