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Scoping Out Patents in the Microbiome Arena

This workshop will allow participants to examine and better understand the challenges involved in protecting microbiome-related IP and strategies for overcoming them in both the U.S. and European Patent Offices (EPO), before applying these strategies in claims drafting and prosecution exercises using fact patterns drawn from actual patent file histories.
Issues commonly encountered in technology commercialization will be considered, including establishment of a Freedom-to-Operate position and options for challenging competitors’ IP in the U.S. and EPO, before turning to an examination of challenges and benefits of working with academic institutions from an IP perspective.

Key takeaways for participants include:
→ Strategies for obtaining meaningful patent protection, from U.S. and EPO perspective
→ How to claim an organism – patent eligible subject matter issues, tension between definiteness and breadth
→ Establishing Freedom to Operate by defining your position, from search and analysis of competitor IP, to opinions of counsel and design-around options

WORKSHOP LEADER: David Resnick, JD, Partner, Nixon and Peabody LLP

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