Market Health IPR – THOUGHTS FROM THE BACK OFFICE (OR 5 THINGS THAT MIGHT BE OBVIOUS…) Dave Pardoe MRC Technology

This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No Market Health Why protect?  If it’s not protected it’s unlikely to have commercial value  If it doesn’t have commercial value it’s unlikely to get to the patient  If it doesn’t get to the patient, why did you do it in the first place?  Patent first, publish later  5 favourite things in 10 minutes: — Freedom — Rigour — Holes — Combinations — Flexibility

This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No Market Health Freedom to operate  Ignorance is not a strategy – A ‘see no evil, hear no evil’ approach to FTO is a major mistake  FTO is not just about patents, you can infringe any form of IP – Copyright, trademarks, design rights, etc.  A patent does not grant FTO – Don’t ask for FTO advice from the same people who file your patents  Don’t just focus on your market – Greatest FTO threat could come from another sector  IP is increasingly the key asset of business June 10, 2015

This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No Market Health Rigorous, reproducible, reliable and clear  Irreproducible biology research costs $28 billion per year 1  Pharma thinks its over 70% peer reviewed papers (Aren’t they based on patents?)  Amgen: 53 landmark studies (describing something completely new): only 6 (11%) could be confirmed 2  Make it R≠P≠ATABL≠ 1.Freedman, L. P., Cockburn, I. M. & Simcoe, T. S. PLoS Biol. 13 (6), e (2015) 2.Begley & Ellis, Nature 483, (2012)

This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No Market Health Holes (and other things that go wrong) Health 2 Market – Final Conference – July 2015 Zantac® (ranitidine) Tagamet® (cimetidine)

This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No Market Health Holes (and other things that go wrong) Zantac® (ranitidine) Tagamet® (cimetidine)

This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No Market Health Holes (and other things that go wrong) Zantac® (ranitidine) Tagamet® (cimetidine)

This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No Market Health Combinations of IP can be stronger  Not a patent family, but more than 1 patent where the whole is greater than the sum of its parts…  Synergy – Across faculty/function/discipline  But it’s most interesting where it’s not expected… Aristotle Simponi® (RA, 2009) Patient Need Material Science Design Human Factors Physics Engineering Formulation Process SmartJect 

This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No Market Health Flexibility

This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement No Market Health Summary  Protection is key to creating impact (especially for patients)  Ensure Freedom to Operate  Do robust science and get it in the patent  Fill the holes where competition can get in  Consider grouping patents to create more value  What your discovery gets used for may not be what you expected