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Pharmaceuticals : building the best IP strategies to meet your sectoral constraints

Regimbeau has been assisting pioneering and innovative companies as well as the best research laboratories for several decades. Our teams have acquired extensive experience in the field of Intellectual Property applied to this sector, which is constantly faced with strong financial constraints and public health issues.

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Maximising the lifespan, reach and value of your assets through a resilient industrial property strategy.

In the pharmaceutical field, in order to make your investments in Research and Development profitable, the industrial property strategy is a priority which must be based on two pillars: the construction and evaluation of your patent portfolio around each of your projects; the monitoring and management of risks with regard to third party titles with a view to the exploitation of your future products.

Our support aims to maximise the lifespan, geographical scope and value of your assets by filing active ingredient patents and to consolidate your portfolio with complementary patents (formulations, processes).

This strategy must be developed in line with the progress of experimental data/clinical trials and regulatory provisions.

In the field of drugs and medical devices, the constraints of marketing authorisations are closely linked to industrial property, since this long regulatory path may allow you to trigger mechanisms for extending your rights, such as supplementary protection certificates (SPC) and pediatric extensions.

Regimbeau has a team of experts in the fields of organic chemistry, biochemistry and pharmaceuticals: active ingredients, organic synthesis processes, galenic formulations, new therapeutic uses, diagnostics and medical imaging.

A dedicated team is set up for each project, based on the respective expertise and experience of our Counsels, who are aware of your challenges and constraints and will be able to assist you in securing and creating value around your projects at each stage of their development.

Our experience and skills are recognised in the field of industrial property litigation regularly faced by players in your field (pioneering companies or generic drugs manufacturers). We operate both in France and internationally to assert your rights or defend you against competitors. 

Identifying, defending and enhancing the value of your innovations

  • Protecting and securing your innovations in close relation with R&D is a priority, while taking into account your timeline and markets. Our teams monitor with you the evolution of experimental/clinical data in order to set protection milestones and give you the benefit of their experience to best meet the requirements of patent offices (treatment methods, dosage, therapeutic uses). 
  • Optimising your protection strategy is part of our mission, by defining with you where, when and in which language to protect your invention and by drawing up, if necessary, a programme of subsequent or simultaneous protection. If necessary, we put together pairs of Counsels, combining their technical expertise (e.g. medical imaging, medical drug delivery devices, health and artificial intelligence) to serve your projects, however complex they may be.
  • Identifying and enhancing your know-how. Not all of your results and data are intended to be disclosed in a patent application, but they are no less valuable. Our teams will recommend an appropriate management of your know-how.
  • Controlling the chain of rights is essential to avoid any (unpleasant) surprises during an audit, assignment or concession of your assets. This may concern the ownership of rights, for example in the case of co-ownerships, collaborations or partnerships, but also any issue regarding the designation of inventors or their remuneration.
  • Audit. Whether your portfolio is audited or you wish to have a portfolio audited, our teams will be able to assist you in identifying strengths, weaknesses and other sensitive points, to assess risks and provide solutions, if necessary.
  • Monitoring. Our teams will work with you to develop the strategic and/or competitive watch to meet your specific or recurring needs. They will determine with you the level of useful information and, if necessary, the frequency of our involvement. They will adapt at any time to your changing strategies.
  • Freedom to operate.  It is crucial in this area to check and monitor the freedom of exploitation of your product before its development or launch vis-à-vis your competitors’ titles and to manage the risks of infringement and weakness of your titles.
  • Pre-litigation and litigation. Whether you are the target of (pre-)litigation or you decide to assert your rights, our teams will be able to provide you with an appropriate strategy. We will be your privileged partner to anticipate the launch of your product and minimise the risks of an infringement action. 
  • Our teams have extensive experience in seizure for infringement, opposition procedures and appeals both in attack and defence, as well as litigation before French and foreign courts. We also know that it may be appropriate to shorten or defuse a dispute and our teams are then able to assist you in any type of negotiation, including mediation.
  • Assessing your IP assets. Certain key stages in the life of your business will require a valuation of your IP assets (partnerships, capital raising, …). A team, specifically set up for each valuation, will be able to understand your technology, your business and your markets and will establish the value of each of your assets or group of assets.
  • Capital raising/acquisition. Our teams will be able to assist you in the event of due diligence so as to allow you to present a clear and controlled strategy for the protection and management of your assets, but also to specifically answer investors’ questions. We can also assist you in analysing the assets of a company you wish to acquire.

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More insights
Publications — 30 12月 2021

Protecting by patent a drug combining two known active ingredients: is it possible ?

Grenoble, 30 December 2021 – M...

By Aurélia Vavasseur, Ph.D
Publications — 23 12月 2021

Dosage or administration regimens are patentable in Japan, but inventive step may be tricky!

Paris, December 23, 2021 - Inv...

By Lazarina Choisnel and Cécile Puech, Ph.D
Publications — 19 5月 2021

Brazil: End of the extension of patent validity and special regime for the pharmaceutical sector

Paris, 19 May 2021 – On May 7,...

By Frédérique Faivre Petit
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