Patent litigation in chemistry

In chemistry, the difficulty of a dispute often lies in the evidence. Showing that a product falls within a claimed formula, that a patented process has been used or that a composition meets a claimed parameter requires rigorous analysis and an evidence strategy designed from the outset.

Issues specific to the sector

Selection inventions, Markush-type general formulae, measured parameters and crystalline forms raise novelty and inventive step questions specific to chemistry. The measurement method set out in the patent, or the lack of one, often decides the outcome.

Where the patent covers a process for obtaining a product, the burden of proof may be reversed, in particular if the product is new (Article L. 615-5-1 of the French Intellectual Property Code; Article 55 of the Agreement on a Unified Patent Court).

Saisie-contrefaçon allows samples to be taken. The confidentiality of industrial processes must then be protected throughout the proceedings.

How we act

• Infringement actions concerning products, compositions and processes, for claimants and defendants.
• Nullity actions, coordinated where appropriate with oppositions conducted before the EPO by patent attorneys.
• Building the evidence: seizures, analyses, expert reports and protection of trade secrets.
• Disputes over licences and know-how.

Is a process or composition at issue? Let us discuss it.