Different Situations Call for a Different Patent Service
There is more to a patent application than just protecting technology or products, pharmaceutical companies also are in need of various patent services. Most large pharmaceutical companies prefer to have their prescription drug formulas and processes under a patent protection, which could protect them from another company coming out with a generic version of their formula or using their process to create a similar prescription drug.
The Importance Of A Patent Application
For example, Teva Pharmaceutical Industries has been in court in regards to their prescription drug Copaxone, a multiple sclerosis treatment. They filed an infringement lawsuit against Momenta/Sandoz and Mylan/Natco corporations for infringing upon several of their patents which covered the chemical composition of Copaxone, methods of using the product, and the process for manufacturing it.
Teva has won the battle against generics for now, because their process patent is under protection until the year 2015. The company says they are working on a new, better formula that would be placed under a new patent application, therefore, giving them control of Copaxone franchise for an even longer period of time. Because Teva knew how to file a patent for each step of the procedure from the creation to the usage of Copaxone, they have protected themselves all around from a generic formula coming out.
Cause For An Invalidity Search
Looking at this infringement lawsuit at a different angle clarifies why a validity or invalidity search is so important before investing time and money into a new product or even a formula. Momenta/Sandoz and Mylan/Natco tried to fight the infringement lawsuit by claiming Teva’s patent was invalid, but the judge ruled in favor of Teva. It is very important to know what to look for in an invalidity search, so you can be prepared during litigation and protect your investment. By hiring a patent firm, you can get professional help from expertise in the patent world. Sometimes it is worth spending a little money in the beginning on an invalidity search, than wasting money in the end on an infringement lawsuit.
June 28, 2012
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Disclaimer: No information on this blog is intended as legal advice or to substitute for legal advice and is offered for informational purposes only.
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