Precision medicine is hailed as a new revolution in health care and with good reason. The ability to gather information about an individual patient and to tailor a customised treatment accordingly marks a paradigm shift in the way that medicine is carried out.
We work with innovators in sequencing, genomics, proteomics, metabolomics and cell biology, as well as bioinformatics, biosensors and artificial intelligence, all of which play a part in this exciting field of precision medicine.
We also have huge experience of IP strategies for protecting the use of biomarkers to characterize patients and determine the best drug treatments. Indeed, we have shaped the case law that makes the European Patent Office such a favorable forum for protecting these inventions.
We understand the challenges in this area and can advise you on how to adapt your IP strategy to deal with these. For example, while the EPO is a very favorable jurisdiction for protecting inventions in the precision medicine space, over the last few years the USPTO has become a much more difficult forum (following the US Supreme Court’s 2013 Prometheus and Myriad decisions). We can advise on the international landscape and we work with trusted international partners to shape strategies with the best chance of success.
We also appreciate that methods of diagnosis are increasingly performed across international borders, with samples sent internationally to centralised processing facilities and data flowing between jurisdictions. This can cause difficulties in enforcing patents and should therefore be considered carefully at the early stages of the patent process. We recognise the importance of understanding how the technology will be implemented and can work with you to design an IP strategy which will reflect and protect the situation in the real world.