Intellectual Property for BioTech Innovators
Bring clarity to complex IP landscapes. Lynch LLP helps medical device innovators protect what matters—whether it’s an implantable device, a blood testing platform, or a biotech-integrated diagnostic system. Our attorneys secure utility patents, design patents, and develop global protection strategies timed to engineering goals and regulatory milestones. From electromechanical assemblies and disposables to embedded software and assay workflows, we craft portfolios that support commercialization, investor diligence, and market leadership.
Patent Strategy & Prosecution for Biotech Hardware
We secure utility patents for device‑centric innovations—implantables (power, telemetry, hermetic sealing, lead/connectors), reader–cartridge interfaces, sensor stacks, embedded firmware, and clinician‑facing UI/analytics. Claims are structured across system/method/computer‑readable formats, with continuations to capture roadmap features and a coordinated PCT plan to stage foreign entries with launch and distribution.
FTO & Commercialization Readiness for Devices
Our freedom‑to‑operate (FTO) work maps third‑party claims to real components—mechanisms, electronics, housings, micro‑/mesofluidic cartridge geometry, data pipelines, and interoperability—then delivers practical advice aligned to design freeze and regulatory submissions (e.g., 510(k)/De Novo/PMA). You get decision‑grade analysis that supports builds, labeling, and partner diligence.
Design, Brand & Enforcement for Durable Differentiation
We build layered IP protection around all types of intellectual property—including utility patents, design patents, and trademarks. Design patents on things like cartridges, enclosures, implantable form factors, and GUI layouts help deter copycats in crowded markets. Trademarks safeguard platform and product-line names, and our enforcement tools—from marketplace takedowns to TTAB actions and litigation—ensure your brand and design identity stay secure. We work with clients to develop patent strategies that align with comprehensive business objectives.
Case Study
Global Patent Strategy for a Food Preservation Innovator
Overview
For biotech startups developing innovative solutions to challenging new problems—such as diagnostic devices, food preservation systems, or environmental sensors—intellectual property protection is a cornerstone of market success. Lynch LLP partnered with a growth-stage biotech company to secure international patent protection for its proprietary food coating technology designed to extend shelf life in perishable goods.
Why Patent Strategy Matters for Biotech Companies
Innovation Safeguards: Whether developing novel formulations, biological coatings, or diagnostic systems, biotech companies must protect core technologies to maintain competitive advantage.
Global Market Access: International patent filings—through mechanisms like the Patent Cooperation Treaty (PCT)—are essential for companies scaling across borders.
Investor Readiness: A well-structured patent portfolio signals maturity, technical defensibility, and long-term growth potential—key factors for attracting venture capital and strategic partners.
Lynch LLP’s Approach
International Patent Filing
Lynch LLP filed a PCT application for the client’s biotech formulation, enabling protection across multiple jurisdictions. Strategic amendments and Chapter II filings ensured broad claim coverage and alignment with global patent offices.
National Phase Strategy Development
Recognizing the client’s emerging international portfolio needs, Lynch LLP engaged early to develop a tailored national phase strategy. In international portfolio development, we help evaluate key markets, analyze local patent frameworks, and identify jurisdictions where alternative IP structures—such as utility models—may offer strategic advantages.
Continuation-in-Part (CIP) Planning
As the client continued to innovate in its formulation and delivery methods, Lynch LLP guided the planning of CIPs to protect new embodiments while preserving priority dates. This approach supports long-term portfolio growth and technical flexibility.
Results
Secured allowed claims in the United States for the client’s core coating formulation, providing strong protection around its commercial embodiment.
Developed a national phase strategy aligned with the client’s international portfolio goals, including jurisdictional analysis and timing recommendations.
Positioned the client to leverage the Patent Prosecution Highway (PPH) for accelerated examination in key global markets once national phase entries begin.
Key Takeaways for Biotech Startups
Protect Early, Scale Globally: PCT filings and national phase strategies support international growth from day one.
Iterate with IP in Mind: CIPs allow startups to evolve technologies while maintaining protection.
Accelerate Strategically: Use PPH to quickly and cost-effectively extend patent rights abroad.
Signal Strength: A mature patent portfolio builds investor confidence and deters competitors from unfair competition.