Tag: pharma

When it comes to securing exclusivity in the life sciences sector, few bring the depth of insight and strategic clarity that Francis Tierney offers. A qualified UK and European patent attorney since the 1990s, Francis blends decades of in-house experience with a boutique advisory approach that gives life sciences companies a genuine edge—particularly in pharmaceuticals and small molecule therapeutics. In this article PatWorld discusses with Francis Exclusivity in Pharma, and Navigating the Life Sciences Patent Landscape.

From In-House to Boutique: A Unique Perspective

Francis began his IP career in-house, spending nearly three decades advising on agrochemical and pharmaceutical innovations before moving into private practice. This “poacher turned gamekeeper” transition, as he jokingly puts it, equips him with an intuitive understanding of how clients operate and what they truly need from their IP counsel.

Now at Patent Boutique, he works closely with clients on prosecution, opposition, appeal work, due diligence, and strategic portfolio development. His tailored, hands-on approach is a hallmark of the firm.

The Five Pillars of Patent Strategy in Pharma

Francis sees five key IP considerations for life sciences companies today:

1. Confidentiality: With increased pressure to publish and attract investors, ensuring non-disclosure before filing is vital.
2. Timing of Filings: Filing too early can lead to protection ending earlier during peak sales; too late, and companies risk being scooped.
3. Collaboration with R&D: Patent attorneys need to work closely with research teams to react quickly to emerging data and shape strategy in real time.
4. Market Awareness: Limited budgets mean companies must prioritise filings in jurisdictions most critical to commercial success.
5. AI: Keeping abreast of developments in, and the increasing capabilities of, AI.

Getting Patent Drafting Right

Drafting for small molecules brings its own hazards. “If you draft too broadly, not only might your claims be rejected, but you risk creating your own most damaging prior art,” Francis warns. He emphasises the importance of including strong biological data—especially for markets like China—and ensuring that patents will remain enforceable 20+ years down the line, particularly when linked to SPCs.

US vs. Europe: Avoiding a Common Pitfall

One of the most frequent issues Francis sees is US-based companies underestimating global disclosure rules. “There’s a grace period in the US, but not in Europe. Smaller companies often publish during the priority year, which can be problematic for later filings,” he explains.

He also notes how different legal frameworks—such as the EPO’s problem-solution approach versus the US’s obviousness standard—can yield very different outcomes from the same prior art.

Early-Stage Advice: Flexible, Focused, and Fast

Emerging biotech companies often need more tailored support, especially when balancing speed, disclosure, and credibility for investors. Francis helps them navigate this by streamlining prosecution strategies and ensuring they have grantable, meaningful patents to support licensing or M&A activities.

“Established pharma companies have structured IP processes. Start-ups don’t—so we help them build systems and strategies that are credible and cost-effective,” he says.

Patent Portfolios as Deal Enablers

Whether supporting collaborations or preparing for acquisition, Francis views robust IP portfolios as central. “You need to show what you’ve got, but also what you might be developing. Priority filings before a deal are key to demonstrating value,” he advises.

AI in Drug Discovery: A New Frontier, with Caveats

Francis acknowledges AI as a potential game-changer in small molecule R&D, but with caution. “If AI knows everything, where’s the inventive step?” he asks. He sees a possible future where narrower, more focused patent claims become the norm due to more precise AI targeting—but also where validity could well be questioned if algorithms become standardised tools.

A Call for Change: Grace Period Reform

If he could change one thing in the UK or EU IP landscape, Francis would introduce a broader grace period. “It would protect researchers from the kind of accidental disclosures that can destroy patentability. A safety net—not to rely on, but to support honest mistakes.”

The Boutique Advantage

At Patent Boutique, Francis and his colleagues offer flexibility, cost transparency, and a collaborative approach. “We were cloud-based from the start, so our clients benefit from seamless document transfer, real-time communication, and scalable support,” he notes. Clients also gain access to a wider network of trusted attorneys—competency, not size or shine, is what counts.

Outside the Office: Gardening and Grandkids

Beyond the world of SPCs and claim drafting, Francis is a proud grandfather and a keen (and increasingly enthusiastic) gardener. “It’s such a contrast to patent law—where you wait years for a result. In the garden, you plant something and within weeks, there’s colour, texture, and reward,” he says. His latest pride? A set of stunning Alstroemeria —particularly a variety called Indian Summer.

Connect with Francis Tierney
🔗 Francis Tierney on LinkedIn
🔗 Patent Boutique – A specialist firm offering high-level, strategic patent services tailored to life sciences and beyond.

P.S. How PatWorld Supports Patent Attorneys Like Francis
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