FTO advice - patent landscaping

This client is a rapidly growing UK based pharmaceutical and medical device manufacturer. They specialise in bringing to market a range of quality, cost effective products that meet the challenges of modern day healthcare delivery.

The client was looking to launch a generic drug into the market. The main challenge faced by the  client was that the patent landscape is often very difficult to assess. They needed expert advice on their freedom to operate so they contacted Dehns.

Following a detailed discussion on the exact requirements, Dehns commissioned a search to obtain a picture of the relevant patent landscape. The search yielded a large number of results, which would give the initial impression that there would be no freedom to operate with regard to the desired product due to the prevalence of existing patents already in this field. However, the Dehns team analysed the results to determine whether any of them would be a serious concern. Through our patent expertise, combined with scientific understanding of the relevant products, Dehns was able to determine the scope of protection afforded by the various patents and to assess the potential scope of protection that would be likely to result from key pending applications.

Through this detailed analysis, expertise and understanding, Dehns was able to identify a niche in which the client would be able to operate without any key freedom to operate concerns. We were also able to advise on strategies that the client should avoid. Thus, Dehns was able to provide the client with a valuable report that could pave the way for the launch of their generic drug.