Maximizing Your Patent Portfolio in EU and U.S.

The value of a German life science company hinges on its patent portfolio, particularly for targeting the major markets of US and Europe. Differences in legal requirements between the US and Europe can be critical. Acceptable patent practice in Europe can be fatal in the US, and vice versa. The legal requirements in the US and Europe continue to evolve, bringing new opportunities and pitfalls. Dealmakers must be aware of the key issues affecting the development and valuation of a patent portfolio. Panelists will discuss and contrast the key issues relevant for German life science companies.

• Continuation and divisional practice in US and Europe
• Claiming methods of treatment in Europe
• Filing decisions given available test data
• US pitfalls: Best mode requirement and inequitable conduct
• Filing PCT applications in English to accelerate US prior art status
• US Patent Term Adjustment post-Wyeth
• Impact of Biosimilar legislation as part of U.S. Health Care Reform
• Implications of Bilski, Prometheus and Myriad decisions and comparison with the current law in Europe

Speakers:

• Dr. Rouget F. (“Ric”) Henschel (U.S. Patent Attorney, member of Virginia and District of Columbia Bars), Foley & Lardner
• Dr. Fritz Lahrtz (German and European Patent and Trademark Attorney), Isenbruck