Pharmaceutical Patents and Litigation Dynamics with Alan Feeney

In this episode of the VIP Podcast, host Liz Ward engages with Alan from Feeney Law, discussing the intricate world of intellectual property (IP) law, particularly in the biotechnology and pharmaceutical sectors. Alan shares his journey to becoming a patent attorney, emphasising the importance of a technical background and litigation experience in drafting effective patents. The conversation delves into the significance of provisional applications, the dynamics of pharmaceutical patents, and the critical role of trademarks in business strategy. Alan also highlights the challenges of navigating trade dress and the necessity of protecting intellectual property in a global market.

Takeaways

• Combining science and writing is essential in IP law.
• A technical background enhances patent attorney effectiveness.
• Litigation experience informs better patent drafting.
• Understanding jury perspectives is crucial in patent cases.
• Pharmaceutical patents often lead to complex litigation.
• Provisional applications provide strategic advantages.
• The US patent system offers unique opportunities for inventors.
• Trademark registration should be prioritized early in business development.
• Policing trademarks is vital to maintaining brand integrity.
• Trade dress law is an evolving area of intellectual property.

Chapters

00:00 Introduction to Intellectual Property and Biotech Background

03:10 The Journey to Becoming a Patent Attorney

05:59 The Importance of Technical Background in Patent Law

08:53 Litigation Experience and Its Impact on Patent Drafting

12:13 Understanding Jury Trials in Patent Cases

15:06 Pharmaceutical Patents and Litigation Dynamics

17:56 Patent Term Extensions and FDA Approval Challenges

21:12 The Role of Provisional Applications in Patent Strategy

24:03 The Significance of the US Patent System

26:47 Trademark Importance and Early Registration

30:09 Navigating Trademark Law and Brand Protection

33:00 Trade Dress and Lookalike Products

35:53 The Value of Intellectual Property in Business

39:11 The Intersection of Trademarks and Business Strategy

41:57 The Future of Intellectual Property in a Global Market

44:46 Conclusion and Final Thoughts on IP Strategy