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Diverging Life Science Patent Standards: What Contrasting European and USPTO Approaches Mean for Global IP Strategy
Differences between European and U.S. patent doctrines in areas such as inventive step/non obviousness, sufficiency/enablement and the treatment of plausibility/written description create significant strategic complexity for companies seeking to secure or challenge patent protection globally. For IP teams, the challenge lies not only in understanding how different jurisdictions approach core aspects of patentability in isolation, but also in assessing how contrasting approaches interact with policy developments and together shape the coordination of prosecution and litigation strategy across international markets.
This multi-jurisdictional compare-and-contrast session will analyse diverging European and USPTO approaches to patentability, and examine how these doctrinal differences interact with evolving EU regulatory and policy frameworks. Panellists will assess how patentability divergences and policy developments are altering the calculus for patent protection in Europe and the U.S., creating new risks and opportunities for portfolio management and broader business strategy.
- What are the most consequential points of divergence between European and USPTO approaches to inventive step/non-obviousness and sufficiency/enablement?
- Is plausibility in Europe becoming a higher hurdle than U.S. written description and enablement, or are the two systems beginning to converge in these respects?
- How do contrasting approaches to patentability shape how originator and generic companies approach opposition and litigation strategies in each jurisdiction?
- How are evolving EU regulatory and policy reforms interacting with patentability standards to change the strategic landscape for patenting biologics in Europe?
- What do doctrinal differences and evolving policy frameworks mean for how legal teams coordinate patent prosecution and post-grant strategy, including the use of PTAB proceedings, across the U.S. and Europe?
