Journal

CIPA Life Sciences Conference 2024

Abi Heath (Fellow) reports on another successful CIPA Life Sciences Conference that brought delegates to the De Vere Tortworth Court Hotel in Gloucestershire for two days of networking and expert insight into the latest developments in patent law and innovation in the global life sciences industry.

The conference, held on 21-22 November 2024, featured a comprehensive programme addressing key challenges and emerging trends in IP within the life sciences sector. Delegates engaged in in-depth discussions covering a wide range of topics from IP transactions to cutting-edge technological developments.

Day One: Strategic IP Management and Global Perspectives

The conference was opened by Simon Wright, the Chair of the CIPA Life Sciences Committee and soon to be CIPA Vice President, who was warmly congratulated on his success in the recent CIPA presidential elections.

Jasper Clube (SNIPR Biome), Maria Nichol (Artax Biopharma Inc) and Mathilda Davidson (Gowling WLG) then set a very high bar with their opening session on ‘Preparing for and Surviving IP Transactions’, providing attendees with crucial insights into navigating complex intellectual property negotiations. This included best practices for preparing companies or clients for due diligence, common issues and their solutions, and a number of valuable ‘checklists’ for maximum success.

Next, participants were treated to a particularly engaging segment from international dispute lawyer Ula Cartwright-Finch (Cortex Capital): ‘The Jedi Effect – Master Advanced Negotiation Strategies Fast’. This interactive session offered something outside the norms of most IP conferences, with plenty of audience participation and practical approaches for dealing with different negotiation styles in an IP context (and beyond).

Liz Elmhirst (Achilles Therapeutics) then chaired a session on regional practice updates, exploring recent developments in Chinese and Japanese IP practices. Chinese practice updates from Siqi Wang (Spruson & Ferguson) included legal updates to enforcement and patent misuse provisions, revisions to the CNIPA Rules and Guidelines and updates on the recently amended Patent Term Adjustment (PTA) and Extension (PTE) provisions. Eisan Go (Aoyama & Partners) was then inspired by the EPO G2/21 decision to present an update on Post-Filing Supplemental Data in Japan. This included interesting case law examples of when post-filed data was or was not considered, and drew thought-provoking parallels with evolving EPO practice.

In the last segment of the day, specialised topics received attention, including a detailed overview of Supplementary Protection Certificates (SPCs) in the EU and UK from Mike Snodin (Park Grove IP). This included updates on CJEU rulings and referrals (such as Genmab and Halozyme), upcoming changes to UK law (such as the Windsor Framework) and the revised February 2024 proposals for EU law reform. Claire Irvine (Beck Greener) then took the audience on an in-depth exploration of CRISPR intellectual property considerations through the years. This included an overview of the IP landscape from 2012 to the present, useful introductions to the major players and hot news from recent EPO appeal proceedings as the CRISPR patent saga continues to wend its way through the EPO and USPTO.

The day’s sessions concluded with the ever-popular scientific presentation, which was presented this year by Alice Brown, the Chief Scientific Officer of Purespring Therapeutics. Alice provided a comprehensive overview of the scientific and corporate journey Purespring has been on since 2020 in its quest to use cutting-edge gene therapies to cure kidney disease and meet a huge unmet medical need.

An evening drinks reception gave delegates a welcome chance to discuss the many topics of the day before the traditional gala dinner. Sir Robin Jacob gave an entertaining and enlightening pre-dinner speech, regaling the audience with many insights and anecdotes from his journey through the IP legal system and sharing his thoughts on recent and future developments in the patent system.

Day Two: Legal Developments and Emerging Trends

The second day started bright and early for the fresh-faced and rested delegates, with sessions delving into more legal updates and strategic IP considerations.

Oliver Jan Jüngst (Bird & Bird) and Shohta Ueno (Regeneron UK Ltd) kicked off with a comprehensive round-up of updates on the Unified Patent Court (‘UPC’) and German patent litigation. As well as updates on specific cases, this included personal experiences from the first ever case heard before the UPC (Nanostring) and examples of practical considerations faced by parties before the UPC, such as a very bumpy start for the CMS and tough deadlines.

Next, David Rosenberg and Jim Robertson opined on the ‘World of IP in the Life Sciences Sector’. This included many thought-provoking musings on the past, present and future from a policy perspective, with topics ranging from pressures on patent system and pharmaceutical industry as a whole, to how the Covid-19 pandemic has shaped how IP is viewed by both developed and developing countries.

Andrea L.C. Reid (Dechert) then provided an engaging and accessible exploration of genus claim strategies in her session ‘The Genus Claim is Alive and Well’. As well as presenting a concise history of the turbulent history of the genus claim in the US, from University of Rochester to Amgen v Sanofi, Andrea provided takeaways and practical tips for Written Description and Enablement before the USPTO. Particularly interesting was the discussion of using ‘means-plus-function’ claims as a potential strategy for overcoming Amgen style enablement and written description rejections.

Joel Beevers (Potter Clarkson) and George Schlich (Schlich Ltd) then wrapped up the conference with updates on UK and European patent case law. On the UK side, Joel commented on the lack of ‘major’ shaping of UK law over the last year, and particularly on the continuing wait for a big life sciences case to help firm up the doctrine of equivalents in the UK. However, there was no lack of interesting cases to discuss. Highlights included obviousness of dosage regimens and the interplay with ethics approval (Sandoz v Bayer), the makeup and motivation of the skilled team (Pfizer v GSK Biologicals and Accord v Astellas) and interesting examples of when Arrow declarations are awarded (Pfizer v GSK Biologicals) or not awarded (Sandoz v Biogen). From the EPO side, George applied a fascinating metric to the cases under consideration, including distribution code, impact on practice, faith in the EPO and ultra vires. Within this prism, various cases from the preceding year were examined. The EPO’s surprising stance on priority (G1/22 and G2/22) was considered in detail, as well as a tour of the year’s T decisions relating to the EPO’s position on post filed data (following the 2023 G2/21 decision). The pending G1/23 referral on non-enabling disclosures and inventive step was also discussed, as was the highly anticipated pending G1/24 referral on description amendments (including speculation on apparently divided opinion within the EPO itself). A lively competition to find the ‘fastest opponent’ in the audience was a fitting end to an excellent two days.

The CIPA Life Sciences Conference continues to be a pivotal event for IP professionals, offering unparalleled opportunities for learning, networking, and strategic thinking in this rapidly evolving field. The conference underscored the dynamic and complex nature of intellectual property in the life sciences. Participants gained valuable insights into emerging legal frameworks, negotiation strategies, and technological innovations that are shaping the future of IP protection.

As always, the event demonstrated CIPA’s commitment to providing cutting-edge knowledge and supporting professionals at the intersection of intellectual property and scientific innovation.

Save the date

The 2025 Conference will be held at the Belfry Hotel in the West Midlands from Thursday and Friday 20-21 November 2025.