Pharmaceutical Formulations: Ready For Patenting?

By Colleen James and Jing-Zi Yang, Mayer Brown LLP (December 20, 2016, 5:35 PM EST) -- Colleen Tracy James

Ying-Zi Yang Pharmaceutical companies are increasingly combining forces through research and collaboration agreements. It is critical to ensure that as companies negotiate and enter into these agreements, they do not inadvertently create an on-sale bar. The on-sale bar doctrine may be triggered if an invention was "on sale" and "ready for patenting" one year before the effective filing date. To minimize the risk of an on-sale bar or a public use bar, a patent application should also be filed — at the latest — within one year of the date that an invention is ready for patenting, i.e.,...

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