IP

IP

Patent and FDA Considerations for Life Sciences Startups

By MoFo ScaleUp Team

Careful IP planning is especially important in the life sciences, in which companies often rely on only a handful of patents to protect a high-market value product such as an FDA-approved drug. In this article, MoFo counsel Lisa Silverman details the importance of patent protection for life sciences companies, highlighting the long-term benefits of patent term extension and how to identify which assets to prioritize. Originally appearing in the Daily Journal, read the article here.
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Expansion/IP

Startup Diligence is more than ‘Basic IP Diligence’

By Desmond O'Sullivan

When considering a technology-based startup, potential investors may look beyond a company’s intellectual property as an important indicator of its enterprise value. It is particularly important to perform a robust assessment to ascertain the possible hidden risks that could emerge as the company matures. The piece outlines how to identify issues around prior employment, contractors and consultants, and existing market participants, in addition to basic IP diligence factors.

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IP

Is There A Legislative Fix for Biotech Patents?

By Matthew I. Kreeger and Christopher Jamieson Kendall

A string of Supreme Court of the United States rulings demonstrate a lack of patent protection for biotech inventions, and SCOTUS efforts to explain its long-held exceptions to Section 101 – laws of nature, physical phenomena, and abstract ideas – have created greater confusion and an increased number of ineligible patents. This article argues that a legislative fix may be the best remedy to the biotech patent issue.
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