In pharmaceuticals and biotechnology, waiting for a complete body of efficacy data before filing a patent application is not always commercially realistic. Research programs move quickly, competitors may be developing their own solutions, and securing an early priority date can be critical to long-term patent strategy.
The challenge is determining how much supporting evidence is enough.
A recent UK decision concerning Novartis’ cardiovascular drug Entresto provides a useful reminder that the answer is not always straightforward. While the case was decided under UK law, it offers practical lessons for Australian innovators preparing patent applications while experimental programs are still evolving.
