Intellectual property protection for personalised medicines

Produced in partnership with Dr Paul England of Taylor Wessing LLP
Practice notes

Intellectual property protection for personalised medicines

Produced in partnership with Dr Paul England of Taylor Wessing LLP

Practice notes
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What is meant by ‘personalised medicines’?

The term ‘personalised medicine’, or sometimes ‘targeted medicine’, is generally used to describe treatments for rare diseases.

As this Practice Note explains, such medicines are typically small molecule drugs repurposed for new indications or sub-populations of existing patient groups that share a predictive biomarker for disease. They may also be biological drugs defined by functional features.

These types of medicine raise particular issues for patenting and patent enforcement, some of which remain to be resolved by the English courts.

This Practice Note also explains the limits of patent and supplementary protection certificates (SPCs) for these forms of treatment and other rights that may be relevant to research in the area, including the protection provided by data and market exclusivity.

What are rare diseases?

Rare diseases are those that affect a small minority of the population. In the US, a rare disease is defined by the Orphan Drug Act as a disease or condition that impacts fewer than 200,000 people in the US.

In the UK and

Paul England
Dr Paul England

Solicitor, Taylor Wessing LLP


Dr Paul Alexander England is the senior knowledge lawyer in the UK Patents Group, specialising in advisory work for clients and the Patents Group on contentious patent matters. 

Paul is also Secretary of the Academy of Experts, a professional body for expert witnesses, founded in 1987, which establishes and promotes high objective standards.

Paul has a particular interest in the life sciences sector, having begun his career as a scientist and taken a doctorate in biochemistry and molecular biology at the University of Oxford. 
Paul publishes and speaks on patent law widely, including for Pfizer, Abbott, Takeda, Roche, Viatris, and is an author of the critically acclaimed A Practitioner's Guide to European Patent Law and A User's Guide to Intellectual Property in the Life Sciences.
Paul is a reviewer for the Journal of Intellectual Property Law and Practice (Oxford University Press) and a correspondent for BioScience Law Review.

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Jurisdiction(s):
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