market health ipr – thoughts from the back office (or 5 things that might be obvious…) dave...
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MarketHealth
IPR – THOUGHTS FROM THE BACK OFFICE(OR 5 THINGS THAT MIGHT BE OBVIOUS…)
Dave PardoeMRC Technology
This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No 305532
MarketHealth
Why protect?
If it’s not protected it’s unlikely to have commercial value If it doesn’t have commercial value it’s unlikely to get to the patient If it doesn’t get to the patient, why did you do it in the first place?
Patent first, publish later
5 favourite things in 10 minutes:— Freedom— Rigour— Holes— Combinations— Flexibility
This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No 305532
MarketHealth
Freedom to operate
Ignorance is not a strategy – A ‘see no evil, hear no evil’ approach to FTO is a major mistake
FTO is not just about patents, you can infringe any form of IP – Copyright , trademarks, design rights, etc.
A patent does not grant FTO – Don’t askfor FTO advice from the same people whofile your patents
Don’t just focus on your market – GreatestFTO threat could come from anothersector
IP is increasingly the key asset of business
June 10, 2015
This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No 305532
MarketHealth
Rigorous, reproducible, reliable and clear Irreproducible biology research costs
$28 billion per year1
Pharma thinks its over 70% peer reviewed papers (Aren’t they based on patents?)
Amgen: 53 landmark studies (describing something completely new): only 6 (11%) could be confirmed2
Make it R≠P≠ATABL≠
1. Freedman, L. P., Cockburn, I. M. & Simcoe, T. S. PLoS Biol. 13 (6), e1002165 (2015)2. Begley & Ellis, Nature 483, 531-533 (2012)
This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No 305532
MarketHealth
Holes (and other things that go wrong)
Health 2 Market – Final Conference – July 2015
Zantac® (ranitidine)
Tagamet® (cimetidine)
CN
Me
NHMeNHS
N
NH
NO2
NHMe
Me2N NHS
O
This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No 305532
MarketHealth
Holes (and other things that go wrong)
Zantac® (ranitidine)
Tagamet® (cimetidine)
CN
Me
NHMeNHS
N
NH
NO2
NHMe
Me2N NHS
O
This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No 305532
MarketHealth
Holes (and other things that go wrong)
NO2
NHMe
Me2N NHS
O
CN
Me
NHMeNHS
N
NH
Zantac® (ranitidine)
Tagamet® (cimetidine)
This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No 305532
MarketHealth
Combinations of IP can be stronger
Not a patent family, but more than 1 patent where the whole is greater than the sum of its parts…
Synergy – Across faculty/function/discipline
But it’s most interesting where it’s not expected…
AristotleAristotle
Simponi® (RA, 2009)
Patient Need
Mat
eria
l Scie
nce
Design Human FactorsPhysicsE
ngineering Form
ulat
ionProcess
SmartJect
This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No 305532
MarketHealth
Flexibility
This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No 305532
MarketHealth
Summary
Protection is key to creating impact (especially for patients)
Ensure Freedom to Operate
Do robust science and get it in the patent
Fill the holes where competition can get in
Consider grouping patents to create more value
What your discovery gets used for may not be what you expected