Fitch Even takes a practical, business-focused approach to helping biotechnology and pharmaceutical clients reach their product potential and protect their Intellectual Property (IP) rights throughout the entire life cycle of an invention.
We work with emerging and global companies, as well as individual researchers and inventors, to take their innovations from the laboratory to the marketplace. We are also called upon to assist and counsel universities, start-ups, and scientific and government organizations on patent ownership for jointly developed products.
Legal Prowess and Intellectual Power
Biotech and pharmaceutical innovators turn to us to determine the best way of describing and patenting their inventions. With advanced degrees in a variety of related fields, we are uniquely capable of defining an invention in a way that is readily understandable to both a patent examiner and a jury of non-scientists. Undergraduate and advanced degrees held by our lawyers and patent agents include those in:
- chemistry
- biochemistry
- biology
- microbiology
- genetics
- chemical engineering
These technical skills, coupled with complementary strengths in areas such as biomedical engineering, drug delivery systems, material science, and advertising and promotion, make Fitch Even the IP law firm of choice for industry leaders at every stage of product development.
We Know Timing is Everything
Determining the right time for filing a patent is particularly important because biotech and pharmaceutical inventions often take many years to develop. Our job is to help inventors choose a filing window that is neither too early in the process (opening the door to prosecution challenges) nor too late (allowing competitors to seize advantage with earlier patent filings).
Further, we appreciate the high costs of R&D on the road to commercialization, and the desire to create IP value early on. We work closely with clients to coordinate patent extensions and other post-grant procedures with those often-lengthy administrative processes. By offering freedom-to-operate and patentability opinions, and structuring product licensing agreements, we play an integral role in helping clients bring products to market.
Strategic and Robust Patent Protection
Our patent representation is comprehensive. We coordinate patent prosecution across multiple jurisdictions and obtain resolution of contested patent positions before the U.S. Patent and Trademark Office and the European Patent Office to achieve multinational patent protection.
Our vast portfolio of work in the biotech and pharmaceutical sectors includes:
- collaborating 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
- handling significant patent infringement litigations involving microbiology-based inventions
- concluding a highly successful trial involving processes for controlling food pathogen levels
- providing freedom-to-operate and patentability opinions for clients in the biotech sector
- conducting a successful trial and patent licensing campaign involving patents covering cellular-based autologous wound care therapies
Case Studies
Problem: Our client was a university whose researcher developed a vaccine in conjunction with a researcher from an agency of the U.S. government, and both organizations were interested in prosecuting the vaccine patent.
Solution: Fitch Even worked with both sides to confirm inventorship and decide who would take the lead in prosecuting the patent application and finding opportunities to bring the product to market.
Result: With our help, the two organizations worked out an interinstitutional agreement that provided an acceptable division of royalties and licensing fees to both organizations.
Client: A global pharmaceutical company
Problem: Our client sought to build a patent portfolio relating to detection and to diagnosis for potential dementia and related health problems.
Solution: Fitch Even lawyers integrated the work of in-house and overseas counsel on a portfolio of patent applications related to this innovative clinical process, an effort that required comprehensive assessment of prior art and patentability in multiple jurisdictions.
Result: Through our multinational coordination, applications were prosecuted successfully, giving our client a unified pharmaceutical development platform.
