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In contrast to fast moving sectors where products often have a short lifecycle, a “blockbuster” product in the biotech sector can still have enormous value right up until the very last day of its patent term. For this reason, you need to plan ahead to ensure that your patent adequately protects your product, does so for as long as possible, and is defendable. In this regard we treat every application as a potential blockbuster when it comes to the drafting and prosecution strategy.

We can assist you with developing an effective and adaptable patent portfolio that balances costs with maximising commercial value. Our expertise and understanding of the biotech sector from both a scientific and legal perspective allows us to develop innovative prosecution and defence strategies to achieve patent protection where others have been unable to do so.

Additionally, we have extensive experience in obtaining patent term extensions for pharmaceutical patents, which is vitally important due to the length of time it takes to obtain regulatory approval.

For our local clients, which include universities and research institutions in Australia, and local biotechnology companies, we develop practical patenting strategies to meet their local and international needs.

For multinational companies and other overseas clients, we ensure that their patent strategy is best suited for the Australian, New Zealand, Singaporean and Southeast Asian markets, while ensuring consistency with their strategies and objectives in other key jurisdictions.

Our technical range of expertise includes:

Our expertise in action

Our client was a start-up biotechnology company spun out from a university. The science was a platform technology of great potential, so was of critical importance to the company, and the patent applications represented their only asset. As a start-up however we had to protect their asset and achieve commercially relevant patent protection on a budget.

Over time, this technology proved to be revolutionary in the field, and is now a standard technique in many laboratories as a research tool while also being the basis of many new therapies. With its success came numerous challenges by third parties to the validity of the patents. The patents protecting this foundational technology survived every one of those challenges, and our client now has a very successful and extensive licensing programme in place.

A large part of our success for this client was due to us becoming a trusted advisor. We developed a close working relationship with them and a thorough technical understanding of their technology, together with an understanding of their commercial objectives and where threats to their success existed.

Key contacts

Karen Bentley

Principal, Melbourne, Singapore | BAppSc (Hons), PhD, MIP Law

Adam Denley

Principal, Melbourne | BBiotech (Hons), PhD, MIP Law

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