Biotechnology is one of the fastest-growing industries in the world and is set to be pivotal in the development of products and treatments that will shape all of our lives in the years to come.Biotechnology research and development is a global enterprise involving companies from small university spinouts to the largest names in multinational healthcare.
Understanding and utilising biology for the betterment of mankind is a complex and time consuming endeavour and this is why having the right kind of IP protection is essential in order to protect the interests of those involved with the next big discovery and potential commercial success.
Maucher Jenkins has a dedicated and professional team of attorneys with the technical knowledge and understanding to provide any biotechnology company with the best IP protection in such a competitive market. Our attorneys have experience with both small and large companies and can tailor our services to meet the needs of our clients. We seek to provide an IP strategy that supports our client’s commercial interests and enables them to continue to grow and expand their business.
Patent law relating to biotechnology regularly grabs headlines and this field of law is one of the most dynamic across not only Europe but the world.
In Europe, recent decisions from the European Patent Office and the Court of Justice of the European Union have led to seismic shifts in what is considered patentable subject matter. For example, Brustle v Greenpeace in the Court of Justice of the European Union concluded that a claim directed to a product, which at the filing date of the application could be exclusively obtained by a method which necessarily involved the destruction of human embryos from which the said product is derived is excluded from patentability, even if said method is not part of the claim. The point in time at which such destruction takes place is irrelevant.
However, it is not just European law that affects our clients. Cases such as the “Myriad” and “Prometheus” have ramifications to the patentability of our client’s US applications (please see the link below).
At Maucher Jenkins, we use our knowledge and experience to guide our clients through this changing IP landscape to ensure the best prosecution of their application. We believe that it is vital to stay informed and aware of how global patent law changes could shape their IP portfolios.
We understand the importance of Biotechnology and it is no surprise to us that the number of biotechnology-related patent applications filed at the European Patent Office has been increasing at twice the rate of filings across all technological fields.
COMPARISON OF US AND EP POSITIONS