Over the past 80 years, about 40% of all FDA-approved pharmaceutical products have been in the form of pharmaceutical salts. The typical route for claiming such salts in patents involves claim cascades beginning with the ubiquitous “and pharmaceutically acceptable salts thereof” and often ends by naming the particular salt species of interest. Examples of such salts include sodium or hydrochloride salts of particular active pharmaceutical ingredients.
There is room, however, to add an additional layer of claim coverage. Because salts can have solid-state structures, claim sets covering those structures may be constructed using the appropriate data. Moreover, and under the right circumstances, patents containing such claims may expire substantially after the expiration of the other corresponding salt patents.
On Tuesday, March 1, at 12 PM ET, please join Gene Quinn, President & CEO of IPWatchdog, Inc., who will moderate an in-depth conversation with Eyal Barash, patent attorney and founder of Barash Law. During this webinar, Eyal will discuss the patentability of solid-form salts and their use in industry. In addition to taking your questions, we will explore novelty, obviousness, and section 112 issues with elements of European patent law as well.
Barash Law is an intellectual property and business law firm founded by Eyal H. Barash. Barash Law represents mostly life science companies with small-molecule portfolios in various stages of development including in-licenses, out-licenses, public offerings, private sales and public exits. In 2018, one of Eyal’s clients, Endocyte, Inc. was sold to Novartis for over $2B. Eyal was chief patent counsel to Endocyte for almost 10 years. In particular, a focus area of Eyal’s practice is in solid form intellectual property – protecting salts, cocrystals, amorphous forms, and the like as molecules move from medicinal chemistry to CMC and beyond. Eyal is also a prolific speaker and lecturer, giving presentations primarily on solid form IP issues throughout the globe which includes drug repositioning and repurposing.