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The lawyers at Fitch, Even, Tabin & Flannery LLP take a practical, business-focused approach to the challenge of realizing biotechnology product potential.

The Fitch Even difference is that our lawyers, a number of whom have advanced degrees in biotechnology-related fields such as genetics and microbiology, do hands-on counseling with biotech inventors to determine the best ways of describing and patenting their inventions. As one example, we collaborate with scientists at one of the world’s largest food products companies to document the patentability for innovative uses of bacteria and antimicrobials to enhance product flavor. Our goal with every biotech client is to define the most effective patent coverage possible, and to determine the right strategy for securing maximum legal protection. Determining the right time for making a patent filing is particularly important because biotechnology inventions often take many years to develop, and our job is to help inventors choose a filing window that is neither too early in the process (opening the door to prosecution challenges where further experiments would have been beneficial) nor too late (allowing competitors to seize advantage with earlier patent filings).

Biotech inventions are often very data-driven but may lack real-world applications in their infancies. After conducting a thorough investigation with the inventors to determine the right time to file the patent application, we work closely with them to define the invention in a way that is readily understandable to both a patent examiner and a jury of non-scientists. Because the Fitch Even lawyers who prosecute biotech patents are also frequently involved in such disciplines as chemistry, pharmaceuticals, and material science, we can bring our diverse experience to bear on telling a patentability story that is compelling. We are also called upon to help researchers at universities and nonprofit scientific or governmental organizations reach agreement on the patent ownership of products they have jointly developed.

The firm has handled significant patent infringement litigations involving microbiology-based inventions. In recent years, we concluded a highly successful trial involving processes for controlling food pathogen levels, as well as a successful trial and patent licensing campaign involving patents covering cellular-based autologous wound care therapies. We also provide freedom-to-operate and patentability opinions for clients in the biotech sector.  

By combining strong technical competence in biotechnology and other areas with highly tuned legal skills, Fitch Even helps biotech clients pursue intellectual property strategies based on a strong foundation for success throughout the life cycle of an invention.

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