Feature Comment: Building a Solid IP Portfolio – Strategies for Innovator Pharmaceutical Companies

By John K. Weatherspoon, PhD[1] The importance of having valid, enforceable patent protection was a key theme discussed at the recent Life Sciences Summit held in Long Island, NY, from September 22-23, 2010.   With over 400 attendees at the summit, primarily from the pharmaceutical and biotechnology industries, there was extensive discussion of having solid Intellectual Property (IP) protection which is critical especially for commercializing new therapeutics.  By “solid” IP protection, and in the case of patent protection, this is intended to refer to patents that are ultimately deemed both valid and enforceable. With representatives from large, midsize and emerging biopharmaceutical companies present at the summit, there was particular interest in the importance of IP in the commercialization of new therapeutics, including new pharmaceutical products or “Active Pharmaceutical Ingredients” (APIs).  The importance of solid IP protection can’t be emphasized enough, especially in today’s challenging economic climate.  In the case of emerging biopharmaceutical companies seeking investor funding, a solid IP portfolio is

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Feature Commentary: Practical Strategies To Develop An Ip Portfolio

By Hung H. Bui   From the day it is founded, a technology company should consider adopting an aggressive IP strategy that would provide a strong IP portfolio.  IP rights should be obtained to protect not only various aspects of the company’s core technology and commercial interests at various stages of design, manufacturing and product operation, but also technology that may be of interest to non-competing companies.  At the design and development stage, copyrights and trade secrets can be immediately enforced.  Core technologies embodied in novel products and methods (e.g., key methods and processes – whether these are manufacturing, distribution, or even business methods) that deliver the greatest performance advantage over rival products in the market can then be patented and trademarked.  Once a product or service is developed, issued patents and registered trademarks protect the technology and associated names and symbols.  An aggressive IP strategy can block competitors from the company’s present market and potential future market, and can

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