Patent Protection in the Biotechnology Industry: A Unique Approach to Obtaining Fast Patent Rights

摘要

Strong intellectual property protection is essential in the biotechnology field. With competition fierce and millions of dollars invested in new medicines, diagnostic equipment, products, and technologies, it is critical to obtain patent protection and to do so as expeditiously as possible. In this article, Scott A. Burow and Joseph J. Berghammer of Banner and Witcoff, Ltd., describe a unique approach to obtaining patent rights in the United States, ironically, by looking outside the United States. By taking advantage of the benefits of the Patent Cooperation Treaty, a company can obtain patent rights in as little as 30 days. The authors believe that this streamlined, cost-effective approach to securing US patent rights can help biotechnology companies, as well as thousands of other companies across the nation that seek to enhance their competitive positions by creating or further developing new products, to capture or maintain market share and exclusivity and prevent would-be copiers from undercutting the substantial investments at stake.