Swedish drug delivery specialists and established Dehns client Camurus AB (www.camurus.com) have now announced that their oral pain management product episil® has been cleared by the FDA for sale in the US and approved for supply by the NHS in the UK. episil® is a unique lipid-based liquid which spreads across the mucosal surfaces of the mouth forming a soothing and protective barrier layer that has proven in trials to reduce pain from oral mucositis for at least 8 hours. Oral mucositis is a very common side-effect of many cancer treatments including chemotherapy and radiation treatment. The mouth pain caused by this side effect frequently becomes so intolerable that it limits treatment doses and necessitates opiate pain relief. In severe cases patients can no longer eat or drink and require admission to hospital for intravenous nutrition.
Because the technology behind episil® relies on the unusual behaviour seen when a certain combination of common and naturally occurring lipid (fatty) components are mixed, the writing and prosecution of patent applications presents unique challenges. In particular, patents must be written and supported by explanations and data demonstrating that these unique properties of the new mixtures are unexpected and advantageous. This is not something that either side can do alone but rather one that requires an unusually close degree of cooperation between patent attorney and client.
By adopting a "pseudo in-house" relationship between Camurus and their attorneys at Dehns, the Camurus patent portfolio has grown greatly, and with this the understanding on both sides of the respective expert areas. Camurus are now highly aware of IP issues, which are at the forefront of its business, and able to pre-empt or ask for advice on any aspect. Correspondingly, Dehns have developed an understanding of the technology and Camurus business that reduces the input required from senior Camurus staff and allows an educated assessment of what scope of protection is important and where additional resources should be concentrated. Protection such as the successful grant of a European patent to episil® demonstrates the value of that cooperation. We all hope that this and similar products will provide a degree of relief to patients for many years to come.
