Tor 23 maj / År 42 / Nr 1 2024

Securing patents is the key to securing financial support

Medicon Valley is home to many start-up companies, all of which can benefit from patenting their technical solutions and innovations in order to attract funding and secure long term revenue. Securing a patent is more often than not a crucial step in order to further develop the innovation. Even established companies, already with successful products on the market, can identify the evident value in protecting their products and innovations, Intellectual Property and trademarks.

Høiberg is a full-service patent and trademark agency actively pursuing all technical fields. Having a strong foothold in life science comes as no surprise; given that founder Susanne Høiberg previously worked as a medical doctor for many years before turning to the legal aspects of medical development.
The client portfolio consists of everything from individual academic researchers striving to patent their results in order to obtain funding to large multinational corporations wishing to protect their IP and thus secure future development.
“We can be of assistance to any organisation, large or small, with a genuine drive for development”, says Jens Viktor Nørgaard, Partner and European Patent Attorney at Høiberg in Copenhagen.

When FTO is nothing but a dream
Frequently, challenges are presented on the way to the top for any pharmaceutical and medical device developer.
Høiberg Partner and European Patent Attorney Peter Holm reveals that a common problem related to medical development at large is the fact that projects are frozen mid-development due to competitor patents. These are often only on parts of the solution, but nonetheless they pose a threat as they can decide the outcome of the current project.
“Working around a competitor’s patent might be possible to some extent, but with the risk of having to shut down the project at a later stage due to infringement of an existing patent, it might be even better to have the competitor’s patent revoked. We have the necessary experience and knowledge to guide our clients in the right direction”, Peter explains.
In other words, if Freedom To Operate (FTO) is nothing but a dream, revoking competitor patents may well be the solution.
“Initially, we help to identify competitor patents. Then we are able to give advice regarding further development. A thorough analysis of published patent rights significantly reduces the risk of future hurdles”, Peter Holm continues.

Beyond the academic lab
Patent analysis is in many aspects similar to an insurance policy, ensuring that the right things are developed at the right time and in the right manner. And – that it is done without infringing existing patents.
All of Høiberg’s Patent Attorneys operating within the life sciences hold a doctorate degree. Some also have experience from working as post docs. Frequently they also have experience from their own research projects in areas such as medical devices, biotech or pharma.
“Having worked in laboratory environments ourselves, we are able to understand and envision the researcher’s everyday tasks and challenges. For example, we know how long certain operations can take, and what risks are related to those operations. We are able to form this deep understanding as we more or less have the same background as many of our clients”, says Jens Viktor Nørgaard.
Though Peter Holm and Jens Viktor Nørgaard have seemingly different backgrounds, their research profiles are relatively similar. Jens started out with an undergraduate in Forest Science and then pursued a PhD in Biochemistry and Genetics. Peter, with an undergraduate in Chemistry, later on pursued a research career within Biochemistry and Biophysics.
Interestingly, both wanted to make a career outside of the academic laboratory and make a difference in real-world business-oriented cases. This is exactly what is offered at Høiberg.