Developing a Life Sciences Patent Portfolio

The success or failure of a life sciences company often depends on its patent portfolio. The strength of the patents impacts the company's ability to develop drugs, withstand competitors' challenges, weather the period from development to market, and then monetize its patents.

Many innovators consider securing patent protection once they have initial results and some assurance of the drug's viability. Aspects related to the research and technology should also be evaluated early in the research process to determine if patent protection should be sought. Timing of filing a patent application, the types of claims to pursue, and how many applications to file are key considerations when developing a patent portfolio.

Life sciences companies and their counsel should weigh considerations when building a comprehensive patent portfolio, from commercial viability to licensing and IP acquisitions. Companies should also consider the degree the patent strategy is aligned with the business strategy and regulatory strategy, including Orange Book and Purple Book listings and potential Hatch-Waxman and BPCIA litigation.

Listen as our authoritative panel discusses key issues to address when building a strong patent portfolio in the life sciences field and strategies for achieving that goal.

1. Key considerations for building a life sciences patent portfolio
   1. Timing (public disclosure, filing of applications)
   2. Commercial viability
   3. Application content
   4. Cost-benefit post-patent grant
   5. Third-party patents/monitoring competitors
   6. Geographical validations
2. Strategies for building a life sciences patent portfolio
   1. Prosecution
   2. IP acquisitions
   3. Collaborations
   4. Licensing
   5. Impact on Hatch-Waxman litigation and BPCIA litigation
   6. Orange Book and Purple Book listings
   7. Alignment with business strategy

The panel will review these and other key issues:

• What considerations should IP counsel keep in mind when building a life sciences patent portfolio?
• What role can an Orange Book listing playing in strengthening the patent portfolio?
• What strategies should counsel employ to ensure a strong patent portfolio?