4 TIPS TO GET DIFFICULT BIOTECH PATENTS TO ISSUE

Struggling to get tough biotech patents allowed? A reactive, traditional "strategy" often fails. Try these 4 proactive, effective patenting tips to get valuable patents to issue.

1. FILE A ROBUST PATENT APPLICATION

   • It starts at the top; Give yourself your best chance at success with a robust patent application filing with numerous fallbacks supported by working examples with surprising results.

   
   

2. FILE A DECLARATION DURING PROSECUTION WITH SUPPORTIVE AND SURPRISING DATA

   • Strengthen your Office Action response with an inventor Declaration that supports your arguments. See our prior Declarations blog post for details.

   
   

3. INTERVIEW YOUR PATENT EXAMINER

   • Establish a positive relationship with the examiner.

   • Assure your examiner understands your technology and best patentability arguments.

   • Assure you understand the Examiner’s rejections

   
   

4. FILE MULTIPLE PATENT APPLICATIONS COVERING RELATED INVENTIONS TO ASSURE A FAIR EXAMINATION

   • File national stage, non-provisional U.S., divisional U.S., and continuation-in-part (CIP) applications for related inventions to give yourself numerous “shots on goal”.

   • Drives prosecution with different examiners and different claiming strategies.

   • Helps avoid getting stuck in an unfair, unreasonable examination.

Want to learn more? Check out our more detailed post about these 4 Tips for patent professionals.

About DHL

Double Helix Law (DHL) has decades of experience building strong patent portfolios for life science companies. Learn more about DHL and meet the team.

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7/10/25 Published (EJV)