New and emerging technologies and fast access to information are transforming the business landscape. Entities such as biotechnology and pharmaceutical companies, universities, non-profits and research institutions are finding that in a time of increased resource scarcity, appropriate protection and leveraging of resources can fund further research and development. Economics often dictate that such entities actively seek opportunities to transfer technology out, license technology in, develop joint development strategies, or seek government or private investment funding. Thus, intellectual property tools such as patents, copyrights, trademarks, trade secrets and contracts are all becoming increasingly important to these entities.
Epstein Becker & Green assists clients in the life science industries by identifying their intellectual property assets and enhancing the value derived therefrom by providing strategic counseling, training and services directed to acquiring, leveraging, and enforcing intellectual property rights. EBG provides services that help clients align intellectual property resources with business goals. Services provided include:
- Establish product clearance practices, including freedom-to-use analysis;
- Perform intellectual property audits, including develop an intellectual property asset management system;
- Establish an intellectual property triage committee, including establish process and screening criteria to obtain/maintain patents and other intellectual property assets;
- Prepare and prosecute patent and trademark applications;
- Obtain copyright and other intellectual property protection;
- Provide intellectual property asset valuation;
- Identify intellectual property as a business asset and assist clients in capitalization of intellectual property assets including initiating a proactive licensing program and assisting clients in finding business opportunities and in strategic patenting;
- Provide due diligence investigations for licenses, mergers, acquisitions and financing;
- Initiate an intellectual property enforcement program including intellectual property litigation, Alternative Dispute Resolution and mediation;
- Assist in employment matters such as:
- prevent, address or resolve intellectual property ownership and assignment issues
- ensure confidentiality of proprietary information
- educate clients concerning the duties and responsibilities intellectual property issues impose upon employers and employees
- enforce intellectual property policies following employee termination
- Assist in business transactions and corporate finance by providing clients with a broad range of transactional services including licenses, joint development agreements, and cooperative research agreements;
- Provide antitrust counseling related to patent and trade secret issues;
- Provide counseling to assist clients in successfully navigating highly regulated areas such as the Food and Drug Administration's regulation of pharmaceuticals, biotechnology products and medical devices; and
- Scrutinize, develop and implement research compliance programs such as clinical trial research.
For more information about the Firm's Intellectual Property experience, please visit the following Web pages: Intellectual Property (Corporate Services) and Intellectual Property (Litigation).