Over the past 80 years, approximately 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 salt species of interest. Examples of such salts include sodium or hydrochloride salts of 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 Thursday, April 28, at 12:30 PM ET, please join Gene Quinn, President & CEO of IPWatchdog, Inc., and our distinguished panel consisting of Dr. Stephen Byrn of Purdue University and Improved Pharma, Dr. Steven Zeman, partner and European and German patent attorney at the firm Grünecker Patent Attorneys and Attorneys at Law in Munich, Germany, and Eyal Barash, a U.S. Patent attorney from Barash Law, LLC, for this webinar on patenting pharmaceutical salts. The panel will focus on questions related to obviousness and inventive step, enablement and written description sufficiency, and scientific aspects of pharmaceutical salts. The panel will further address issues related to litigation of patents directed to such salts from both a legal and expert witness point of view.
We also invite you to watch Pharmaceutical Salts and other Complexes – A Solid Form Strategy, a webinar from March 1, 2022. Many of the questions raised by the audience during that webinar will be specifically addressed by the panel in this sequel.
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.
Charles B. Jordan Professor of Medicinal Chemistry in the Department of Industrial and Physical Pharmacy, Purdue University
European and German Patent Attorney at Grünecker, Kinkeldey, Stockmair & Schwanhäusser, Anwaltssozietät