Sön 26 maj / År 42 / Nr 1 2024

Intense Patent Activity in Danish Biotech

The professionals at Budde Schou, one of Scandinavia’s oldest and most respected firms of IP attorneys, see great activity in patenting medical innovations in the area around Copenhagen and Southern Sweden.

According to the 2013 Scientific American Worldview Scorecard, Denmark won the top position in the intensity factor for biotechnology patents. Denmark also scored well in other factors, placing the country as the overall number two for biotechnology, between the United States, number one, and Switzerland, number three.

Medicon Valley is one of the most innovative life science regions in the world, and the colleagues at Budde Schou, one of Scandinavia’s oldest and most respected firms of IP attorneys dating back to 1901, see great activity in patenting medical innovations in the area around Copenhagen and Southern Sweden.

Striving to be the natural choice for both local and international corporate clients in need of first rate IP counselling, Budde Schou not only competes with IP firms in Denmark and Sweden, but in Germany and the UK as well.

”We provide consultancy services ranging from IP analyses to the establishment and enforcement of rights, including assistance in the development of an overall strategy as a business tool for commercial success. We focus on top-notch quality, and the competition is more international now then it was just five years ago,” says Steen Wadskov-Hansen, European Patent Attorney and Chief Operating Officer of Budde Schou, located in Copenhagen.

In their vision to be the top most professional firm of IP attorneys in Scandinavia, the firm constantly endeavours to provide advice of superior quality, while at the same time striving to specialise further and perfect their professional skills.

”We think we’re well versed in the life sciences, covering all relevant scientific branches, even though we’re not experts in every field of research. Even though our juridical knowledge is what’s most valuable to our clients, our competence in their branch of technology is what gives them added value,” adds Steen Wadskov-Hansen, who has a PhD in biotechnology from the Technical University of Denmark and has worked as a research fellow at Chr Hansen.

Most of the attorneys at Budde Schou are Authorised European Patent Attorneys. The fact that the attorneys have great experience of handling litigations concerning life science patents, like infringements and invalidation claims, gives the firm an extra edge.

”Actively taking part in court proceedings tells you a lot about what not to state, claim or do, concerning your patent. We get insight into the patent’s real life. The appeals drive progress, determining what can be claimed and what cannot,” he says.

And he should know what he’s talking about since the firm holds expert knowledge within the patent area, including Supplementary Protection Certificates (SPCs) and utility models.

“We’ve handled more than 20% of the SPC applications filed in Denmark, since this became possible back in the early 1990s,” says Steen Wadskov-Hansen.

Denmark is the only of the Scandinavian countries, Norway, Sweden and Denmark, where it’s possible to file an application for a utility model. It’s easier to obtain than a patent. In relation to inventive step the standard is lower. The creation has to be clearly distinct rather than differ essentially from prior art, and the prosecution time is shorter and associated with lower costs. Protection may be granted for a period of up to ten years, which can be relevant for a life science company.

”For instance in cases of a new drug delivery or a new formulation for a known drug or improvements on technical equipment, applying for a utility model may turn out to be the better option compared to filing a patent,” says Steen Wadskov-Hansen.

”Since many companies regard Scandinavia as one market we’ve actually had cases where a utility model granted in Denmark in practice provided protection in the other Scandinavian countries as well,” he concludes.