Moving in the Right Direction: Cocrystals and the FDA

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Using Solid Form Patents to Protect Pharmaceutical Products — Part I

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Using Solid Form Patents to Protect Pharmaceutical Products — Part II

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IP Watchdog Panel Discussion:
Crystalline/Solid Form Patents in the Life Sciences: Issues in Prosecution and Litigation

May 18th, 2021
12:00-1:30PM ET
In December of 2020, IPWatchdog hosted a webinar discussing the use of and interest in solid-form patents in the pharmaceutical industry. There were many questions during the webinar, and many follow-up inquiries on the “nuts and bolts” of these patents. Issues including prosecution, claim drafting, novelty, obviousness, enablement, non-species claims in a crystalline-form context, claim interpretation and proving infringement. This follow-on webinar  will dive deeper into these questions from a US-based perspective, and which will also compare and contrast these issues with elements of EU law. Panelists will discuss both court decisions as well as opinions from the USPTO (PTAB) and the EPO.
Pharmalytical Summit 2021: A Virtual Forum presented by Rigaku
Using Solid Form IP to Protect Crucial Pharmaceutical Assets
May 26th, 2021
11:00AM ET

When medicinal chemists create a new chemical entity, the solid form is rarely optimized because the initial focus is on activity and not drug delivery. As the NCE program matures, however, manufacturing, supply, and drug delivery become increasingly important. These other aspects of drug development present opportunities for patenting and creating value. These and other factors are often dependent on the solid-state structure of the entity. This webinar will discuss some of those opportunities and how resulting IP can be used to protect and leverage the final drug product estate.


What is a solid form?

A solid form is the solid representation of a chemical compound.  Examples include polymorphs, salts, solvates, hydrates, cocrystals, and amorphous solids.

Why patent solid forms?

Solid forms are compositions of matter and Orange-Book listable as drug substance.  When the science is right, patenting follows.

How do you patent a solid form?

The same rules apply to solid forms as to any other inventions.  Careful attention should be paid to the kinds and quality of data used in solid form patents.


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