Recent patent cliffs and impending legislative changes could make for a critical year in pharmaceutical IP management.
image: http://feeds.directnews.co.uk/feedtrack/justcopyright.gif?feedid=3832&itemid=800833627 --- # [](https://www.innovation-asset.com/) - [Decipher®](https://www.innovation-asset.com/products-decipher) - [Services](https://www.innovation-asset.com/products/professional-services-0) - [Resources](https://www.innovation-asset.com/resources) - [Blog](https://www.innovation-asset.com/blog) - [About Us](https://www.innovation-asset.com/about) - [Contact Us](https://www.innovation-asset.com/contact) # Innovation Asset Blog # Pharmaceutical companies facing critical year in IP management by [Peter Ackerman](https://www.innovation-asset.com/blog/author/peter-ackerman) Much has been made of the so-called patent cliffs facing large pharmaceutical companies in 2012 and how executives are responding to these developments. Coupled with the United States moving to a [first to file](https://www.innovation-asset.com/ip_strategy/business_of_ip.aspx) system in March 2013, it could be a definitive few quarters for the industry. In a guest column for PharmExec, intellectual property attorneys Marian Flattery and Michael Flibbert suggested that how, when and where companies file their patent applications in the next year could have financial implications that span two decades. With its transition to a first to file system, the America Invents Act is expected to bring more prior art into the application approval equation. Additionally, any patent granted under the new law will be subject to a post-grant review process that allows plaintiffs to challenge the validity of an invention on several fronts, including novelty, lack of utility and incomplete descriptions. As a result, Flattery and Flibbert have encouraged clients to prioritize their applications quickly if they hope to file before March and avoid an increased risk of challenge. Additionally, those planning to file after the law goes into effect must familiarize themselves with the full depth of enablement and written description requirements. This attention to detail will be all the more important as companies simultaneous manage a number of organizational changes. According to Reuters, mergers and acquisitions are at a four-year high in the pharmaceutical industry. Consolidating patent teams and getting everyone on the same page quickly should then be a top priority.   ### [Peter Ackerman](https://www.innovation-asset.com/blog/author/peter-ackerman) Founder & CEO, Innovation Asset Group, Inc. [August 02, 2012](https://www.innovation-asset.com/blog/pharmaceutical-companies-facing-critical-year-in-ip-management) ### Subscribe to Email Updates ### Introducing Decipher® ### Categories - [Intellectual Property Management (459)](https://www.innovation-asset.com/blog/topic/intellectual-property-management) - [Commercialization and Licensing (210)](https://www.innovation-asset.com/blog/topic/commercialization-and-licensing) - [Invention Disclosure (201)](https://www.innovation-asset.com/blog/topic/invention-disclosure) - [Innovation Strategy (20)](https://www.innovation-asset.com/blog/topic/innovation-strategy) - [Ideas for Good (6)](https://www.innovation-asset.com/blog/topic/ideas-for-good) - [Innovation Team (3)](https://www.innovation-asset.com/blog/topic/innovation-team) ### News Archives - [January 2013 (26)](https://www.innovation-asset.com/blog/archive/2013/01) - [September 2012 (25)](https://www.innovation-asset.com/blog/archive/2012/09) - [October 2012 (22)](https://www.innovation-asset.com/blog/archive/2012/10) - [November 2012 (22)](https://www.innovation-asset.com/blog/archive/2012/11) - [November 2010 (21)](https://www.innovation-asset.com/blog/archive/2010/11) - [February 2011 (21)](https://www.innovation-asset.com/blog/archive/2011/02) - [July 2012 (21)](https://www.innovation-asset.com/blog/archive/2012/07) - [December 2012 (21)](https://www.innovation-asset.com/blog/archive/2012/12) - [January 2012 (20)](https://www.innovation-asset.com/blog/archive/2012/01) - [March 2012 (20)](https://www.innovation-asset.com/blog/archive/2012/03) ##### Portland, Oregon USA ##### © Innovation Asset Group, Inc. ##### [Privacy Policy](https://www.innovation-asset.com/privacy-policy/) | [Terms & Conditions](https://www.innovation-asset.com/terms-and-conditions/) | [Contact Us](https://www.innovation-asset.com/contact/) -