Event Session
Strategic Considerations for Life Sciences Claim Drafting
October 25, 2022 @ 12:15 PM EST
12:15 PM ET
October 25, 2022
Strategic Considerations for Life Sciences Claim Drafting
Over the past 80 years, about 40% of all FDA-approved pharmaceutical products have been in the form of pharmaceutical salts. The typical route for claiming such salts in patents involves claim cascades beginning with the ubiquitous “and pharmaceutically acceptable salts thereof” and often ends by naming the particular salt species of interest. Examples of such salts include sodium or hydrochloride salts of particular active pharmaceutical ingredients. There is room, however, to add an additional layer of claim coverage. Because salts can have solid-state structures, claim sets covering those structures may be constructed using the appropriate data. Moreover, and under the right circumstances, patents containing such claims may expire substantially after the expiration of the other corresponding salt patents.
Patent claim drafting techniques for Life Sciences will also be discussed. Recent caselaw that discusses Markush Groups, Dependent Claim invalidation, Negative Limitations and other subjects will be covered, as well as claim drafting considerations when prosecuting a worldwide portfolio.
Materials*
Overview of Claim drafting Issues for Biotech, Chemical and Pharma Patent Applications
Debora’s PowerPoint: Claim Drafting: Biotech/Pharma/Chemical
Eyal’s PowerPoint: Solid Form Patent Strategy
* A Note on Materials: For live, in person programs we apply for MCLE in Virginia, as well as other jurisdictions (see the MCLE tab in the navigation bar above). MCLE regulations require substantive writing on the topic covered during the presentation. The materials provided, often published by IPWatchdog.com authors and contributors, relate to the topic but are not intended to pigeon-hole guest speakers in any way. They are intended to be informative and elucidate the issues that will be discussed, although not necessarily represent the point of view that will be taken by any particular panelist. To date the articles we have selected have always been sufficient to satisfy MCLE authorities.
Over the past 80 years, about 40% of all FDA-approved pharmaceutical products have been in the form of pharmaceutical salts. The typical route for claiming such salts in patents involves claim cascades beginning with the ubiquitous “and pharmaceutically acceptable salts thereof” and often ends by naming the particular salt species of interest. Examples of such salts include sodium or hydrochloride…
Session Speakers
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