Patenting Compounds, Compositions, and Methods for Viral Infections: Patent Eligibility Considerations and Challenges

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Patent
- event Date
Wednesday, October 7, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide guidance to patent professionals and their management counterparts on the critical and essential legal issues surrounding technology directed to managing and overcoming the global COVID-19 pandemic. Specifically, they will address the patenting of compounds, compositions, and methods for diagnosing and treating viral infections. The panel will discuss viral mechanisms, claim strategies, subject matter eligibility, and recent court treatment. The panel will also offer best practices for addressing patent eligibility issues.
Faculty

Dr. Longsworth is a director in the firm's Biotechnology & Chemical Practice. She is sought out by innovator and generic pharmaceutical companies world-wide for her insights and knowledge of intellectual property and Hatch-Waxman law. Dr. Longsworth counsels biopharmaceutical clients from around the world in all areas of patent procurement, including domestic and foreign patent preparation and lifecycle management strategies. She also counsels clients in IP due diligence evaluations for raising and investing in growth capital, executing strategic partnerships and M&A transactions, and going public. Dr. Longsworth practices primarily in the fields of biotherapeutics, small molecules, biologics, immunotherapy, antibody technologies, microbiome-based technologies, synthetic biology, DNA amplification/PCR, diagnostics, vaccines, viral vectors and drug delivery.

Mr. Sterne serves as an IP strategic advisor to start ups, emerging companies, and investors. He has authored some of the leading articles on board of director IP responsibility and the chief intellectual property officer. And over the years, his extensive practice has grown to include handling all phases of patent practice, including USPTO litigation, Federal Circuit and Supreme Court appeals, litigation in the district courts and the United States International Trade Commission (ITC), as well as patent licensing and monetization. Mr. Sterne is one of the leading attorneys in the new PTAB proceedings; he and his firm are consistently those with the highest number of proceedings before the PTAB. Mr. Sterne extensively speaks, writes, and provides CLE training on leading-edge areas of IP including the new PTAB contested proceedings, and has delivered hundreds of speeches about the every changing IP landscape and its implications domestically and internationally for IP law, innovation, and economics.
Description
The COVID-19 pandemic has turned an international spotlight on the issues surrounding patenting antiviral research and protecting IP rights for companies developing treatments and products to diagnose and battle viral infections. Understanding the viral mechanisms of action and related science is critical for optimal IP protection, licensing, and enforcement of this essential medical technology.
Beyond these mechanisms, patent counsel must then consider whether the antiviral treatments and vaccines will be patent eligible in various global markets. Like other patent claims, compound, composition, and method claims for viral infections must have novel, non-obvious, and useful properties. While novel compounds may often be easier to patent, vaccines include multiple layers of patents from formulations to manufacturing to methods of use.
Patent counsel and applicants must navigate the patent eligibility challenges as companies race to develop vaccines and medications to treat viral infections.
Listen as our authoritative panel of patent professionals examines global patenting issues for compounds, compositions, and methods for viral infections. The panel will discuss subject matter eligibility and recent court treatment. The panel will also offer best practices for addressing patent eligibility issues.
Outline
- Critical legal issues surrounding the global COVID-19 pandemic
- Viral mechanisms
- Subject matter eligibility for compound, composition, and method of use patents
- Global best practices
Benefits
The panel will review these and other key issues:
- What are the critical patentability issues when preparing compound or composition patents?
- How have the courts treated medical diagnostics claims?
- What strategies should counsel employ to increase the likelihood of getting patent protection for compounds, composition, or method of use claims for viral infections?
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