DESCRIPTION
Biotechnology inventions are only as valuable as their patents, and every facet of patenting-from qualifying criteria, to the scope of rights a patent bestows, to the length of a patent's duration-is becoming increasingly complex. This is especially true of patents covering biotechnology inventions.
Learn to incorporate evolving legal and regulatory standards into biotech patent practices
Several bills have been introduced in Congress that would specifically impact patents in the biotech industry, including proposals surrounding follow-on biologics and genes. Also, recent Supreme Court cases such as MedImmune v. Genentech and KSR v. Teleflex may have a significant effect on patents and licensing as well as the obviousness standard. Many courts are also reassessing the standard for inequitable conduct and basic claim construction principles. In addition to case law and legislative efforts, PTO reforms are still looming on the horizon.
Develop strategies for managing your biotech patent portfolio
With patent standards constantly in flux, you need to decide whether it is beneficial to file for patents in the first place. To make this determination, you need to know how to conduct the most effective and cost-efficient freedom to operate analysis to ensure that you are even able to seek the desired patent. If you are free to seek a patent, you must develop practical strategies for working with the examiners to achieve the best results possible.
In short, anyone drafting biotech patent applications needs to be able to incorporate current standards-while making allowances for potential reforms-and scientific realities into their claims to ensure that their patents are ironclad, both in the United States and abroad.
With all of this in mind, the American Conference Institute has developed the 9th Advanced Forum on BIOTECH PATENTS: Analysis, Insights and Strategies for New Challenges in Biotech Patent Practice to provide you with the most up-to-date and complete information on current legal developments impacting your biotech patent practice.
In addition, our interactive and in-depth Master Class on Drafting Successful Patent Applications for Biotechnology Related Inventions will show you how to master the art of drafting complex patent applications for your biotech inventions, in addition to harnessing and maximizing their unique value.
Agenda Highlights
Thursday 9/27 - 2:45 p.m. - Maximizing Patent Term Extension and Adjustment
Scott E. Kamholz, M.D., Ph.D.
Registered Patent Attorney, Foley Hoag LLP
Patent practitioners, especially those in biotechnology, can tap into the patent term adjustment statute and rules to extend patent terms by days, months, or years. But to make the most of these provisions, practitioners must avoid creating delay during prosecution and must act promptly to correct any errors caused by the USPTO.
- Understanding the framework for adjusting patent terms due to delay under 35 U.S.C. 154
- Avoiding common pitfalls during prosecution that decrease patent term adjustment
- Confirming adjustment calculations and correcting errors: whether, when, and how
- Minimizing liability for erroneous or squandered adjustment
- Stacking adjustments with other forms of patent term extension
The complete event agenda is available here.