For high-value drugs, innovation does not stop once a lead compound has been developed. The search to maximise both the benefit to patients and the return on investment is ongoing, whether this is the identification of new indications, improving the balance between side effects and efficacy, improving convenience for the end user, or developing efficient and scalable methods of synthesis and production.

We have experience supporting clients with the drafting and prosecution of patents related to follow-on innovation such as novel methods of synthesis, special drug forms such as polymorphs and enantiomers, high purity forms, pharmaceutical formulations, combination therapies, dosage regimes and new medical uses. We have partnered with clients to advise them during their research programmes to capture patentable subject matter before the opportunity to pursue protection is lost.

In the area of new medical uses in particular, we’ve helped shaped the case law of the Boards of Appeal of the European Patent Office to secure recognition of the patentability of therapeutic treatments based on new dosage regimens, new technical effects and new patient subgroups. These influential decisions have helped our clients to protect their investment throughout the drug life cycle.

Follow-on patents, especially those relating to high-value drugs, tend to be heavily opposed. We have significant experience defending such follow-on patents for blockbuster drugs in EPO oppositions, many of which are multi-party oppositions.