“It is a privilege to work with Symbiosis”
Prof. Richard Ross, CSO, Asterion Limited

In addition to conventional patent services, Symbiosis offers a range of services that supports our clients’ commercial objectives. Typically our services are used to assess whether a commercial proposition is robust and fit for exploitation, divestment or acquisition. This includes:

Due Diligence

Due diligence identifies and quantifies risk. It is best done early, ideally at the start of the commercialisation, divestment or acquisition of any innovation, as nobody wants to invest in, let alone effectively buy, problems.  For technology-based companies, a major part of their value will be in their intellectual property and so it is this that needs to be investigated.

For owners of IP, making sure the IP portfolio is due diligence ready is essential for making the most of new opportunities and ensuring any commercial transactions progress smoothly.

For investors looking for opportunities in technology-based companies, early assessment of IP is essential to maximise the return on investment.

Essentially, IP due diligence ensures you spend your innovation or acquisition budget wisely and it also helps to establish trust and confidence in the existing management, thus facilitating future transactions.

Symbiosis employs experts in the acquisition and protection of IP in the life sciences. We have all the skills necessary to spot IP issues and the experience to advise on how they can be overcome or at least mitigated. Our advice is confidential and subject to legal privilege.

Please contact us about your needs and we can guide you through the process and provide cost estimates.

Patentability Assessment

This is a key valuation metric and is used by investors to establish the commercial strength of a company. We can provide an opinion on patentability after conducting a targeted search of published information. We aim to provide a concise and clear description of your potential patent position and, importantly, the scope of your likely monopoly and any weaknesses associated with it and how those weaknesses might be overcome or minimised.

Patent Filing Strategy

We offer strategic advice regarding patent filing strategies that are tailored to the commercial activities of our clients. This is offered from first filing through to national phase prosecution and grant. A good filing strategy ensures cost effective patent prosecution and an optimised filing program that protects our clients’ inventions to the fullest extent.

Technology Review and Development

Technology reviews are valuable in relation to supporting existing patent filing and acquisition strategies. We advise clients on how new work impacts upon existing patent portfolios and how it can be used to further the patentability of pending applications or developed further to generate new IP. Technology reviews can lead to granted patents that are more robust and difficult to oppose or revoke.

Freedom to Operate Opinion

Knowing there is freedom to operate a technology in a given market is a key component of any commercialisation strategy and will be required before any external investment is made and certainly should be done before the launch of any product or process.  We provide freedom to operate opinions that are clear and unambiguous. Where we identify problems we work to find solutions. We advise what can and cannot be done and will provide strategies to deal with your freedom to operate problems.

Patent Attorney Opinion

Patent attorney opinions are frequently used by investors or prior to a stock exchange listing to ensure there are no legal impediments that would discourage investment. This typically combines patentability and freedom to operate opinions with an analysis of inventorship and ownership rights and patent file history review. The process allows clients to pre-empt and correct problems before an investor review or a placing and provides an IP health check to ensure maximum value is obtained for our clients.

Opposition & Appeals

Our legal team has extensive experience in EPO Opposition and Appeal cases, both in the role of Proprietor/Defender and Opponent. We have represented Internationally important corporations either as the sole legal representative or as the lead in a team of attorneys.

In ex parte Appeals, we have an enviable track record of successfully overturning refusals by the Examining division with patent protection being granted for commercially important products. Indeed, we have established case law precedents during these Appeals. The decision on one of these Appeals was deemed to be so important to the correct assessment of inventive step that it has been included in the Case Law of the Boards of Appeal of the European Patent Office (T143/13).

Our success is due to a collaborative approach, coupled with our high level of technical expertise and extensive experience at working before the EPO.