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Clearing the way to market

We were approached by a pharmaceutical company that was planning to sell one of its proprietary drugs in a newly designed package which provided a controlled release of the drug to a patient.

The company had become aware of a European patent recently granted to one of its competitors with broad patent claims that covered the release mechanism. We filed an opposition to the European patent at the European Patent Office on the basis that the claims of the patent were too broad. We found a research paper published by a University professor which showed that the broad idea of the release mechanism was already known and used this to force the patent claims to be narrowed, so that the patent would not be infringed by our client.