Obtaining and Enforcing Patent Rights in Biotechnology
Janet E. Reed
Potter Anderson and Corroon, LLP
Patents are key to the value of biotechnology businesses, due to the exclusive rights granted by patents and the several ways they can add value as a company grows and matures. Obtaining a patent can be a rigorous and difficult process, inasmuch as a patent applicant must demonstrate to a patent examiner’s satisfaction the utility, novelty and inventiveness of the technology before a patent is granted. In addition, in many jurisdictions, third parties are allowed to weigh in during the pendency of the patent application. Furthermore, the grant of a patent does not ensure that the patent can be maintained over its entire term. Validity challenges and/or assertions of unenforceability during post-grant proceedings or litigation can result in complete loss of patent rights. With a particular focus on biotechnology, Dr. Reed will discuss the mechanics of how patents are obtained, and how they can be lost.
Dr. Janet E. Reed is a partner at Potter Anderson & Corroon LLP, an eminent Delaware law firm, where she heads the firm’s intellectual property transactional and counseling practice. She focuses her practice on patents related to biotechnological inventions in medicine, food, agriculture and environmental sciences.
Janet’s clients span a variety of industries, and include large and small pharmaceutical and biotechnology companies, agricultural and food companies, and academic institutions. She represents clients in domestic and foreign patent prosecution, patent portfolio management and strategic planning, evaluation of new technology, drafting of license and other commercialization agreements, conducting and responding to due diligence inquiries, and preparation of opinions on patentability, infringement and freedom to operate.
Janet holds a Ph.D. in biochemistry from Rutgers University and an M.S. in plant pathology from the University of Nebraska. She received her law degree, with honors, from Rutgers University School of Law – Camden.
Prior to entering patent law, Janet accumulated 10 years of laboratory experience in biochemistry, molecular biology and plant physiology/pathology, in graduate-level research and as a visiting postdoctoral research scientist at DuPont. Her scientific work has been published in such respected journals as Biochemistry, The European Journal of Biochemistry and The Proceedings of the National Academy of Sciences.