Polsinelli’s intellectual property professionals include patent attorneys, patent agents and patent scientists highly experienced in the full range of IP considerations in the biotechnology industry. We assist our clients in securing and defending their intellectual property, routinely managing patent estates numbering from a few strategic filings to those in the thousands. We understand that innovation is especially important to companies in the fast-moving biotechnology space, and assist our clients to timely capture, leverage, and monetize their technological advancements. Our clients also want to understand the patent landscape in which their business operates, and our team is highly experienced in providing patent landscaping, patent clearance and opinions in order to develop strategies for advancing the IP and/or navigating around competitor IP.

Our Biotechnology and Life Sciences Patent Prosecution practice is a highly credentialed team trained in a diverse range of life sciences fields, so they can quickly grasp complex discoveries and inventions and appreciate how to protect them. Our team consists almost entirely of individuals with post-graduate credentials in technologies, including cell and molecular biology, biochemistry, chemistry, physiology, immunology, neuroscience and molecular biophysics, with many team members also having postdoctoral and industry experience. Our team handles patent prosecution matters all over the world. We work with high profile, biotechnology and life sciences companies, and also many globally recognized research institutes and universities, providing the following services:

  • Patent drafting and patent prosecution
  • Patent portfolio development
    • Global patenting strategy
  • Patentability analyses
  • Patent landscaping and patent clearance (Patent freedom to operate)
    • Non-infringement, invalidity analyses
    • Formal opinions
  • Biotechnology and life sciences patent licensing and other transactions
  • Prepare presentations and portfolio overviews for presentations and investment opportunities
  • IP due diligence
    • Patent portfolio analysis
  • Patent Trial and Appeal Board (PTAB)

We also collaborate with our colleagues in other practice groups across the firm, including: 

Representative subject matter that we routinely handle includes:

General Biotechnology

  • Genetic engineering methods/tools
  • Chimeric and fusion proteins
  • Genetically engineered cells and whole organisms
  • Methods/tools for tracking and validating genomic edits
  • Expression systems engineered for target protein expression
  • Bioinformatics – drug design and screening methods
  • Bioassays
  • Formulations for stabilizing and manufacturing biologics

Human and Animal Medicine

  • Medical diagnostics – diagnostic compositions, tests and devices
  • Medical treatments
    • Pre- and early clinical small molecules
    • Biologics and cell therapies
  • Personalized medicine
  • Stem cell-related technologies and treatments
  • Vaccines and adjuvants
    • Molecular constructs
    • Attenuated pathogens
    • Vaccine formulations

Agricultural Technology 

  • Genetically engineered plant cells and whole plants
  • Crop plants engineered for improved characteristics
  • Pesticidal compositions and methods

Nutrition / Nutraceuticals

  • Precision Fermentation of target proteins
  • Plant-based food ingredients / Food substitutes for animal-derived foods
  • Nutritional supplements
Publications
Supreme Court Grants Cert. Petition in Hikma / Amarin Skinny Labeling Case
Key Takeaways Supreme Court to decide if “generic version” marketing can support induced infringement claims. On Jan. 16, 2026, the Court granted Hikma’s petition for cert. in a closely watched case that could redefine the limits of skinny labeling and induced infringement law for generic drugs and biosimilars. Federal Circuit ruling puts skinny labeling strategy in the spotlight. By reviving Amarin’s induced infringement claims despite Hikma’s carved-out label, the appellate court raised new questions about the viability of long-standing generic and biosimilar defenses. Pharma and biosimilar companies should reassess labeling and marketing strategies. Companies are encouraged to join our Feb. 11, 2026, webinar, What’s the Skinny on Skinny Labeling?, for a deeper dive into what’s at stake and how to prepare. In what is
Read More
Federal Circuit Strikes Life Sciences Patent Over Insufficient Disclosure of Particular Species
Key Takeaways: The Federal Circuit held that general disclosure of any part of a compound may be insufficient to support a priority date for a specific species within the genus. The decision underscores that every element of a claimed species, even noncritical components, must be clearly disclosed in the priority application. Applicants should identify all elements of all commercially relevant species in drug, protein, and nucleic acid applications and consider filing new provisional or priority applications to cover previously unappreciated compounds within an already disclosed genus. In Seagen v. Daiichi Sankyo1, the Federal Circuit invalidated claims in a life sciences patent, highlighting the limits of genus-level disclosure to support specific, non-exemplified species. The court found that generic disclosure of a small linker in antibody-drug
Read More