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Patent analysis of biopharmaceutical innovations: a study on novelty, invalidity & FTO including sequence search

Student name: Ms Anshika Singh
Guide: Dr Moumita Mandal
Year of completion: 2025
Host Organisation: AnovIP
Supervisor (Host Organisation): Ms Aarti Verma
Abstract:

This thesis offers an in-depth discussion of patent analysis across the biopharmaceutical sector, with a specific focus on practices of novelty, invalidity, and freedom to operate (FTO) searches, such as those that involve biological sequences. With the industry still innovating at such high speeds, obtaining strong intellectual property (IP) rights has become both a strategic imperative and a matter of law. This study examines the way in which novelty and FTO searches are not only procedural measures but essential tools for ensuring that organizations safeguard their innovations as they proactively navigate commercial and legal risks. By contrasting the patent examination procedures of United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO), the study reveals significant distinctions that affect how biotechnology patents are assessed and awarded. These observations underscore the real-world intricacies that confront firms pursuing patent protection across borders. Furthermore, the thesis examines milestone court rulings and current regulatory moves that have reshaped what is considered patentable protection, especially involving genetic codes and biologic medicines. In conclusion, the research indicates that a combination of legal acumen, strategic vision, and technical competence is critical in navigating the evolving IP environment in biopharma. This study will serve as a useful guide for innovators and stakeholders trying to strike a balance between innovation and protection in a highly competitive and heavily regulated sector.

KEYWORDS: Patent Analysis, Biopharmaceutical sector, Novelty, Invalidity, FTO, and Sequence Search.