Patent attorneys gear up as new biosimilar rules impact IP strategies

A prominent patent attorney says the FDA's new rules on biosimilars are prompting companies to take a close second look at what they keep secret and how they pursue an effective IP strategy for their products.

"Companies are starting to think about what to patent and what to keep as a trade secret, and how to protect a trade secret," Konstantin Linnik, an intellectual property (IP) attorney at Nutter McClennen & Fish, tells MassHighTech. And IP work is going to be an even bigger issue for companies looking to develop "biobetters."

"For biobetter products, the improvements they make are often incremental in nature. The patent office typically rejects this, so they have to look at how [to] get a patent on a biobetter and how broad it will be," he said.

- here's the story from MassHighTech

Related Article:
FDA maps out long-awaited rules for the biosimilars business

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