Cleary’s Pharma Bites: Trade Secrets: The Super Supplement for Pharmaceutical IP

Cleary Gottlieb’s Pharmaceutical, Biotech, and Healthcare group is pleased to present the latest installment of its “Pharma Bites” series: Trade Secrets: The Super Supplement for Pharmaceutical IP.

• Pharmaceutical companies typically seek patent protection for new drugs and medical devices where possible, and for good reason:
  • Can provide exclusivity for 20-year term of patent;
  • Even when challenged by generics, Orange Book patents can provide up to 30 months of exclusivity while litigation is pending.
• Trade secrets can provide a powerful supplement, especially for innovations that do not lend themselves to patents or would not qualify for Orange Book status.
• A company developing a new pharmaceutical product can choose to patent some innovations and keep others as trade secrets to maximize the benefits of both. 

To learn more about this topic and view the related slide deck, click here.

Cleary’s Pharma Bites series seeks to provide critical updates on a wide range of antitrust, regulatory, arbitration, and litigation issues in the pharmaceutical and biotechnology space. 

To learn more about Cleary’s Pharmaceuticals and Biotechnology practice, click here.