Obviousness of Biologics Inventions: Strategies for Biologics Claims in the U.S., Europe, and China
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide patent counsel on overcoming the challenges of obviousness in biologics patent claims in the U.S., Europe, and China. The panel will examine the similarities and differences between claim types that have the best chance of success. The group will also discuss recent case law and critical issues that arise.
Outline
- The U.S.
- USPTO treatment
- Court treatment
- Strategies for overcoming obviousness challenges
- Europe
- EPO treatment
- Court treatment
- Strategies for overcoming obviousness challenges
- Relationship between non-obviousness arguments and claim scope
- China
- Agency treatment
- Court treatment
- Strategies for overcoming obviousness challenges
Benefits
The panel will review these and other key issues:
- What evidence should counsel provide to support its assertion of nonobviousness in biologics patents?
- How can patent counsel guide applicants during patent application drafting to reduce the likelihood of rejection?
- How have the different jurisdictions treated obviousness issues in biologics patents?
Faculty
Carla Mouta-Bellum, Ph.D.
Partner
Arrigo Lee Guttman & Mouta-Bellum
Dr. Mouta-Bellum focuses on drafting and prosecuting patent applications in the fields of biotechnology and... | Read More
Dr. Mouta-Bellum focuses on drafting and prosecuting patent applications in the fields of biotechnology and biosimilars, client counseling, and patent portfolio management. Her patent prosecution experience is focused on patents directed to protecting antibody-related inventions, methods of diagnosis and treatment, transgenic technologies, and metabolic engineering of microorganisms for the production of bioderived polymers. She also has experience with stem-cell and regenerative medicine-related technologies, particularly in the vascular and organ repair areas.
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Bryan C. Diner
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Diner practices all aspects of intellectual property law, including strategic patent portfolio management,... | Read More
Mr. Diner practices all aspects of intellectual property law, including strategic patent portfolio management, litigation, prosecution, opinion preparation, due diligence investigations, and interferences. His litigation practice has involved diverse technical areas, ranging from protecting the rights of innovative pharmaceutical companies in Abbreviated New Drug Application (ANDA) litigations to defending clients’ right to use certain medical devices. He served as the managing partner of the firm’s Brussels office for six years. His knowledge of the European legal system and how it differs from that in the United States allows him to counsel both European and domestic clients on a full range of IP issues.
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Amy Feng
Partner
Wu Feng & Zhang
Ms. Feng focuses her practice on biotech and pharma patent, chemical engineering, material, and chemistry. She handles... | Read More
Ms. Feng focuses her practice on biotech and pharma patent, chemical engineering, material, and chemistry. She handles all phases of patent prosecution, reexamination, patent invalidation, and patent litigation and counseling, including infringement as well as validity analysis. She frequently lectures in U.S. and European multinational chemical, pharmaceutical and biotech companies concerning patent prosecution and enforcement in China.
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Dr. Hazel Ford
Partner
Mathys & Squire
Dr. Ford is a European and UK patent attorney with extensive experience drafting patent applications and prosecuting... | Read More
Dr. Ford is a European and UK patent attorney with extensive experience drafting patent applications and prosecuting them globally. She has particular experience of patent prosecution at the European Patent Office (EPO) in the fields of biotechnology (including antibodies, vaccines, genes and proteins), and pharmaceuticals (including drug formulation, diagnostics and new administration regimes). Alongside Dr. Ford’s substantial experience with EPO opposition and appeal proceedings, she also advises clients on all aspects of patent strategy, including coordination of related patents and patent applications worldwide, and interactions between drafting, prosecution and opposition matters.
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