Isobel Barry

Strong patent portfolios can create substantial commercial value for biopharma companies. As Isobel Barry, partner at life sciences-focused IP firm Carpmaels & Ransford LLP explains,  opportunities to patent new small molecule, biologics and complex therapeutics arise throughout the go-to-market process, from early-stage research, through formulation development and clinical trials, up to initial regulatory approval and beyond.

The Board heard all parties but did not provide any new insights on the points it considers important for its deliberations Yesterday, 12th March 2025, the Enlarged Board of Appeal (EBA) held the oral proceedings for referral G 1/23. G 1/23 seeks to clarify whether or not a commercially available product must be reproducible to form part of the state of the art within the meaning of Article 54(2) EPC. For an overview of the referred questions, see our previous note.

In patent disputes, as in life, it can be necessary to change your position, or at least give yourself the option of doing so. You may, for instance, want to bolster your defences by filing fallback requests to amend your patent. Or, you may need to add new arguments and legal claims to your case. Mistakes here can be costly. The UPC’s procedures are famously designed to be front-loaded, and unsurprisingly it has looked critically at several requests for changes in its first year or so of operation.