TAMPA, FL – October 4, 2019 – Cole Y. Carlson, intellectual property attorney in GrayRobinson’s Tampa law firm office, published an article in Intellectual Property Magazine. The article "Pharma Product-by-Process Limitations,” provides guidance on avoiding U.S. product-by-process claims in the pharmaceutical sector.
He details the specific things to take into consideration should you want to patent a pharmaceutical product – Can you describe the product in entirely structural terms? Can you avoid language like “compounded as” or “prepared in accordance with?” Does your product function differently than the prior art or have a different overall structure based on materially different characteristics than the prior art?
“Due to the heavy use of process driven claim language in the pharmaceutical context, avoiding product-by-process claims can result in much stronger claims than would otherwise be anticipated or obvious,” states Carlson.
It is important to note, product-by-process claims are not limited to District Court scenarios and they are a tedious process.
“A product by-process claim analysis is anything but straightforward and is full of traps for the unwary,” he warns.
Subscribers may read the full article here.