Strong intellectual-property rights are essential to the sustainability of the pharmaceutical industry. Because of strong appropriation effects, pharma companies generally adopt an IP business model resembling a fortress monopoly with large patent portfolios, strong market barriers, and consistent action against IP infringement. In recent years, companies have struggled to maintain their foothold as a result of many blockbuster drugs going off-patent, creating a boon for the generic pharma players.

Cost containment has provided a competitive advantage as manufacturing has shifted increasingly to less-developed countries. In addition, R&D pipelines have proven to be difficult and costly to replenish even for the largest entities with ample scientific talent. Research efforts have turned to biodiverse sources to help get a jumpstart on targeting candidate compounds.

Furthermore, the pharma industry has given birth to niche areas such as nutraceuticals and cosmeceuticals which have had a sizable impact in their own right on patent thresholds. Over-the-counter (OTC) drugs and functional foods have not even come close to cresting the wave that forecasters predict these markets will become. Knowing how to claim a patentable invention to maximize value is tantamount to securing a strong position in the competitive landscape of leveraged stakeholders, especially with the escalating risks of prolonged and costly patent litigation.

FlashPoint IP factors these wide-ranging aspects into the process of securing patent protection, whether in searching the prior art, drafting patent applications, selecting how and where to file, or prosecuting your claims to an invention to help you maximize value in an extensive array of practice areas. Our patent attorneys are adept at synthesizing the many facets needed to create a winning formula for your IP. Contact us to discuss your options regarding IP positioning and strategy, and how best to secure your rights.