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Patent strategy for biotechnology companies

Schell IP helps biotechnology founders and research teams evaluate patent questions around research platforms, compositions, laboratory methods, and product development. We connect the technical work with the next publication, collaboration, funding, or commercialization decision.

Scientist using a pipette in a biotechnology laboratory

Photo: Julia Koblitz / Unsplash

Biotechnology projects can develop across several organizations and many rounds of experimentation. A useful patent discussion identifies the technical contribution, the data supporting it, and the people and agreements involved. The filing plan should account for how the project may change as additional results arrive.

Plan around the research and disclosure calendar

Conference abstracts, posters, publications, and partner discussions deserve attention alongside experiments. We can help organize invention disclosures, assess patent-search questions, and discuss what a proposed application needs to explain.

Eligibility, novelty, nonobviousness, and the adequacy of the disclosure are distinct considerations. A biological discovery or promising result does not by itself settle whether particular patent claims can be obtained. The specific subject matter and supporting explanation drive the analysis.

Bring these issues into the discussion

  • The composition, method, platform, or technical improvement being developed.
  • Experimental support and meaningful variations.
  • University, employer, collaborator, or sponsor involvement.
  • Planned disclosures and commercial or licensing milestones.

Common questions

Should we review patent timing before submitting an abstract?

Yes. Share the proposed disclosure and its timing through an agreed confidential process before submission where possible.

Do university affiliations affect the patent plan?

They can. Relevant policies, funding terms, agreements, and assignments need review to understand rights and obligations.

Should every new result become a separate filing?

No. Consider what the existing application supports, what changed technically, and whether the new subject matter warrants additional work.

Discuss the next research milestone

Book a Free Consultation about a biotechnology invention, collaboration, or planned disclosure.

Meet patent lawyer Jeff Schell

Jeff Schell is a patent lawyer and entrepreneur who helps people and businesses in the biotech industry obtain and defend patent rights for their product portfolios. He connects patent strategy with product development, commercialization, and business priorities.

Based in Denver and Boulder, Colorado, Jeff is the founder of Schell IP, which is part of Whiteford, Taylor & Preston, LLP.

Meet Jeff Schell

Please share only a general description and your timing. Do not submit confidential invention details through this website. A consultation request does not by itself establish an attorney-client relationship.

Book a free patent consultation.

Learn how the entrepreneurial experience and legal expertise of patent lawyer Jeff Schell provides highly unique advantages for our clients.