Uncertain science and long product-development life cycles are just some of the challenges facing biotech innovators. Evolving judicial limits on patentability, interpretation of the Biologics Price Control and Innovation Act (BPCIA) laws for biosimilars, the introduction of post-grant proceedings, and other emerging issues have made it more difficult than ever to know how to protect a new product or process in a way that will help a company meet its business goals.

Maschoff Brennan offers strategies for every stage of biotech development, as well as continuity and predictability along the challenging path to biotech success. We have vast experience navigating the twists and turns of this highly technical industry and, along the way, helping biotech clients devise successful IP strategies that build U.S. and foreign patent portfolios, protect commercial products and processes, maximize returns, and extend patent life cycles. We focus on client goals first and foremost while maintaining a laser focus on legal, scientific, and industry developments that could require strategic adjustments.

We represent clients’ interests in all facets of U.S. Patent and Trademark Office practice, including inter partes reviews and reexamination proceedings and appeals with the Patent Trial and Appeal Board. In addition, we are valued for our significant experience and proven success in enforcing and protecting IP rights through litigation in state and federal courts and in advocacy before administrative agencies such as the ITC.

Clients in the biotechnology industry turn to us for:

  • Obtaining patents for new technologies

  • Converting invention disclosures into protectable IP assets

  • Writing opinions and providing ongoing counseling for new and evolving products

  • Asserting IP rights to protect innovations from infringement

  • Defending against accusations of infringement

  • Strategically building and managing patent portfolios

  • Handling regulatory and government-related matters

  • Drafting licenses, transactions, and agreements

  • Counseling on IP management and monetization strategies

  • Providing trademark and copyright services, and advertising protection

  • Advocating our client’s position in post-grant reviews, reexaminations, and reissues