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Chemical & Pharmaceutical
We draft and file patent applications for new chemical inventions, ranging from pharmaceuticals to cosmetics to food products. Our clients range from small to medium sized enterprises to large multinational corporations. As a result of our wide variety of work, we are able to tailor our services to an individual client’s needs – no matter how big or small.
We have a vast amount of experience in obtaining patents not only in the UK and Europe but in countries across the globe from the Americas to Asia and everywhere in between, with the assistance of trusted patent attorneys in other jurisdictions. A detailed understanding of patent law across multiple jurisdictions helps us to assist our clients with preparing and executing global patent prosecution strategies in an effective manner.
Chemical & Pharmaceutical
Oppositions & appeals
Our Oppositions and Appeals teams are also active in contentious matters, be that attacking or defending patents. The team has decades worth of experience in handling multi-party EPO oppositions and appeals, including collaborating with other opponents where advantageous, and effectively presenting arguments in the written and oral parts of the proceedings.
In addition to securing patents for our clients, we also regularly advise on infringement risks arising from third party patent rights. We are able to conduct searches for relevant third-party patent rights that may be of relevance to our client’s commercial activities and advise accordingly on any infringement risks that we identify along with steps that can be taken to mitigate these risks.
Read the latest insights from the Schlich team reporting recent cases relevant to the chemical & pharmaceutical sector.
The Court of Appeal has issued a decision in the case of Neurim and Flynn v Mylan  EWCA Civ 699 finding that the plausibility of a therapeutic effect for treating a particular form of insomnia has been demonstrated using subjective data obtained by questioning the users of the pharmaceutical product.
There has been a new referral to the CJEU from the Supreme Court of Ireland on the interpretation of Articles 3(a) and 3(c) of the European SPC Regulation in relation to combination products.
New Referral to the Enlarged Board of Appeal on the Use of Post-Published Data to Support Inventive Step Confirmed
Further to our article of September 2021, the Board of Appeal has now confirmed its referral of three questions to the Enlarged Board regarding the use of post-published data in establishing an inventive step.
Belcher’s patent related to a high-pH formulation of L-epinephrine (L-adrenaline) and was granted with a claim to a formulation of pH 2.8-3.3. The formulation of L-epinephrine was also the subject of a new drug application before the FDA. Hospira, who were separately seeking FDA approval for their own L-adrenaline formulation, submitted that Belcher’s patent was […]
In the present case the patentee wished to rely on documents dated after the filing date for their inventive step argument, stating that these documents in combination with data in the application as filed provided evidence of a synergistic effect between two compounds in the insecticide. The Board of Appeal determined that the post-published data […]
Eli Lilly is handed another win in its efforts to keep generics companies selling ALIMTA competing drugs off the market
Background The patent at issue in the present case was US7,772,209, claim 1 of which is shown below. Claim 1 A method for administering pemetrexed disodium to a patient in need thereof comprising administering an effective amount of folic acid and an effective amount of a methylmalonic acid lowering agent followed by administering an effective […]
Eli Lilly and Company v Fresenius Kabi Nederland B.V. – Hague Court of Appeal on the Dutch Approach to Equivalence in Patent Infringement cases
As a brief recap, claim 1 of Eli Lilly’s patent requires vitamin B12 + Pemetrexed disodium and claim 2 requires vitamin B12 + Pemetrexed disodium + folic binding protein. The potential infringer, Fresenius, used a composition including Pemetrexed tromethamine in place of Pemetrexed disodium. The first instance decision at the District Court of The Hague […]
Paediatrics Regulation In Europe, Orphan Medicinal Products are medicinal products that are intended for the treatment of conditions that affect no more than 5 in 10,000 people in the EU. In order to incentivise the development of treatments for these rare conditions, products designated as Orphan Medicinal Products enjoy 10 years of marketing exclusivity from […]
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Our team of UK and European Patent Attorneys and Chartered Trade Mark Attorneys are highly knowledgeable and experienced in assisting clients with all aspects of their IP needs.
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