CHAL 7 |
| The first patent application for a new genus of small molecules falls into a complex and shifting middle ground between the issues that predominate in biotechnology patent applications and traditional chemical patent applications. The legal standards used in examination, the types and breadth of claims that may issue and then be enforceable also differ widely in various countries. When deciding when to draft and file the first patent application to a new class of small molecules, the maturity of the R&D work, the Applicants business position and goals, competitor pressures, the relevant prior art, especially the Applicants' prior applications, the ability to enable and describe both the synthesis and biological administration of the claimed compounds, and the data in hand or likely to be soon obtained on biological activity, and the Applicants' long term ability to pay international prosecution costs all need to be considered and balanced. |
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Intellectual Property Value Creation for Pharmaceutical Companies
9:00 AM-11:00 AM, Monday, 27 March 2006 Georgia World Congress Center -- C210, Oral
Division of Chemistry and the Law |