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
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