FTO in Practice: Life Sciences & Pharmaceuticals
- Essentials of FTO: what it is, when to do it and how much it costs
- How to conduct a FTO search: strategies, scope and databases
- How to draft a FTO opinion: structure, scope and liability
- Offensive and defensive approaches: design around, licensing in/cross-licensing and other remedies
- FTO from the perspective of a life sciences company
Aims and objectivesMany life sciences and pharmaceutical companies (especially generics companies) are forced to operate in a patent jungle which is set to become denser in the years to come. In order to be successful on the market, your company or your client needs freedom to operate. Only FTO can ensure that substantial R&D investments are worth the money as the commercial exploitation of their results is not hindered by patent thickets. However, if FTO is poorly executed, your company or your client risk to get deep in the mire of patent litigation. Only if FTO is properly conducted, you will be able to see the need for designing around or licensing in respectively cross-licensing. Attend our course and be prepared for the FTO challenges of any product introduction or improvement. Discuss with our experienced speakers best practices for FTO searches and FTO opinions especially for the pharmaceutical and life sciences industries.
- FTO - what it is and what it is not
- Different types of FTO issues: patents, designs, trademarks, contractual obligations
- To FTO or not to FTO: is 'try and see' worth considering?
- Search strategy: purpose of search, level of diligence, costs
- In-house vs. outside counsel: pros and cons
- Patent search parameters: keywords, countries, applicants etc.
- The right databases: searching for patents, SPCs, marketing authorizations, designs and trademarks
- Search analysis and search report: how to structure
- Post search 'watches'
- Workshop: analysis and interpretation of a specific patent claim
- Non-infringement, direct or indirect infringement
- Remedies: assessing validity, prior art search, design around, licensing in/cross-licensing, attacking the patent/application
- Drafting the FTO opinion and how to deal with it
- Co-operation patent counsel - legal counsel: attorney-client privilege
In 2017, Dieter Kuhn joined DSM, a global science-based company active in health, nutrition and materials. Before, he was Head of IP at a Swiss generics company. Dieter is experienced in FTO, patent prosecution and patent litigation in the field of life sciences. He has a technical background in chemistry with a diploma from ETH Zurich and is one of the few European Patent Attorneys with a degree in education.
Dr. Ralph Nack is a German attorney-at-law and a partner at Noerr LLP. He has extensive experience in advising German and international companies on FTO issues, particularly pre-launch product releases. His duties also focus e.g. on German and cross-border patent infringement litigation, international licensing, and R&D contracts.
NL 2332 KG Amsterdam / Leiden
Telefon: +31 71 535 5555
Fax: +31(0) 71 53 55 553
Leiden is just 16 minutes from Amsterdam Schiphol airport by train, and the course hotel is close to the central station.
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