Biotechnology-related intellectual property matters have a long tradition at Kraus & Weisert and there is hardly any field in the life sciences which has been marked by such rapid scientific progress over the last years. Major scientific advances go hand in hand with a constantly evolving legal framework. Kraus & Weisert has accompanied this development from the start and has represented clients in numerous important and challenging cases. Several significant biotech decisions by the European Patent Office are based on cases handled by Kraus & Weisert.
At the beginning, "classical" bio-technological matters prevailed: food technology like brewing beer or fermenting soya sauce, microbial treatment of sewage water or the synthesis of pharmaceutical drugs using microorganisms are just some examples. With the improvement of molecular cloning techniques, the protection of DNA and protein sequences moved to the frontline of the patent business. Kraus & Weisert has been able to secure important patents for its clients, especially the sequences of the first tumor markers and other biological factors. The development of the hybridoma technique, moreover, stimulated patent protection in the field of monoclonal antibodies and Kraus & Weisert has handled numerous antibody cases.
Over the last couple of years, Kraus & Weisert′s biotechnology sector has been expanding. To respond to recent scientific developments, Kraus & Weisert has hired qualified staff from university supporting the team of experienced patent attorneys. Pioneering achievements such as the establishment of molecular cloning techniques, the advent of new genetic engineering techniques such as genomics and proteomics, the possibility of creating transgenic plants and animals and the beginning of the stem cell technology has not only revolutionized this scientific field but also necessitates a complete change in the management of intellectual property. As biotechnology now more rapidly moves from basic research to applied research and finally to industrial levels, appropriate patent counseling is of utmost importance. For clients dealing mainly with basic and applied research, such as start-up companies or universities, but also for established companies, the protection of new products is of prime relevance. Such new products are, for example, DNA in the form of genes, plasmids or ESTs, protein sequences, transgenic animals or plants, proteomics and genomics-related products, specific antibodies, stem cells, improvements in existing research tools such as, for example, phage display biopanning, high throughput screening, Köhler-Milstein or PCR technique etc. Moreover, these companies usually require extensive counseling as to freedom-to-operate.
Kraus & Weisert is representing numerous firms in this field. The freedom to operate in the life science sector of larger companies is today fairly often blocked by basic patents directed to DNA and protein sequences which used to be granted by the European Patent Office with a very broad scope. Kraus & Weisert has ample experience in opposition, appeal and nullity proceedings with respect to such issues. Recently, Kraus & Weisert succeeded in ob-taining the final revocation of a commercially most important biotech patent, i.e., the basic and broad European patent covering the DNA sequence of fungal phytase. Phytase is a commercially important food additive and the patent has already been under cross-border and national litigation. The other side of the question of broad patent protection is the defense of such biotechnological patents and the conduct of infringement proceedings. Here, Kraus & Weisert has been able to successfully defend valuable intellectual property rights against major competitors.
Biotechnological inventions often require interdisciplinary skill and counseling. This applies, for example, to inventions in the field of 3D-crystallography of proteins, DNA and protein chips or combinatorial screening of DNA libraries. Since Kraus & Weisert has scientifically trained patent attorneys and patent experts specializing in all major areas of modern technology a competent and full service can be offered for such cases.
