European validation strategies for pharmaceutical patents – an update

In January 2021, we published our Special Report on EP validation strategies for pharmaceutical patents. The report presented a detailed analysis of a random sample of pharmaceutical patents granted by the EPO in 2018 and considered the choices and factors for companies making the strategic decision of where to pursue patent protection for their products in Europe.

The UP and UPC 

Since then, the EU Unitary Patent (UP) and the Unified Patent Court (UPC) have both moved significantly closer to becoming a reality, with an expected start date of 1 April 2023. The European patent landscape is about to change dramatically.

Our addendum to the special report considers whether – and how – the arrival of the UP and UPC might affect validation decisions in the pharmaceutical sector. 

European validation strategies for pharmaceutical patents – an update (UP & UPC)_cover

 

Read the latest on the UP and UPC.

Find out more about the latest innovations in the pharma field on our pharmaceutical spotlight page.

Validation Strategies for Pharmaceutical Patents in Europe- Special Report 2021

The decision on where to validate a pharmaceutical European patent is a big one. With costs often precluding an “everywhere” approach for small- to medium-sized companies, research institutions and universities, it is necessary to choose from the long list of available countries. The choice typically factors in costs, business interests, likely markets and market size, possible manufacturing and import locations and the regulatory framework in Europe.

Our report explores these choices and factors using publicly available data, seeking to answer questions such as:

  • Which countries are most commonly picked by patent holders at the EPO?
  • Is the distribution the same for pharmaceutical patents?
  • Where does “big pharma” choose to validate?
  • What factors might affect the choice of countries?

DOWNLOAD THE REPORT