Role of Pharmaceutical Patent Attorney | Pharma IP Counsel

IP Counsels in Pharmaceutical Companies

Within the intricate web of pharmaceutical industry, the role of an Intellectual Property (IP) Counsel is pivotal. Their main responsibility lies in leading and advising on all IP-related matters, a field that spans patent strategy, data exclusivity, life cycle management, parallel imports, international trademarks, copyrights, and domain names. An IP Counsel is the maestro orchestrating the IP strategy of a pharmaceutical company. This involves the realization and management of an effective patent portfolio that safeguards rights for inventions and protects the company’s products with an appropriate patent portfolio. However, the strategy isn’t only about protecting what’s already there; it’s about looking forward and preparing for what’s to come.

Table of Contents

pharma patent attorney

Pharma Patent Litigation

In the ever-evolving pharmaceutical landscape, patent litigation is more the rule than the exception. The IP Counsel is a ship’s captain navigating these tumultuous seas. They manage patent litigations and provide instructions to external local counsel or assist in patent litigation, subsequent to the creation of a strategic international patent portfolio. The importance of this role cannot be understated, as billions in shareholder value can hinge on a single court decision.

Write to us now

Advantage of patent Filing

Pharmaceutical Trademarks and Domain Names

The Pharmaceutical IP Counsel also wears the hat of a guardian, managing the trademark and domain name portfolio of the company. This role requires constant vigilance and quick action to protect the brand’s identity and ensure no infringement occurs. In the high-stakes arena of the pharmaceutical industry, where scientific innovation intersects with complex business stratagems, stands a pivotal figure: the Intellectual Property (IP) Counsel. Picture them as the steadfast guardian at the gates of a medieval castle, steadfastly ensuring the safety and prosperity of the realm – the realm, in this case, being the company’s brand identity, and the castle, its trademark and domain name portfolio.

Every decision is a calculated move on the chessboard of business dynamics. To appreciate this, consider the gripping saga of a tech giant like Apple, with its iconic bitten-apple logo and domain names that are fiercely guarded by a phalanx of IP Counsels. Similar to Apple, in the pharmaceutical sector, an IP Counsel’s role demands ceaseless vigilance and swift action, a delicate dance in which the misstep of a single beat – a lapse in protection, a delay in response – could expose the company to catastrophic brand infringement. 


Pharmaceutical Patent Case Study

The pharmaceutical sector leads in the number of patents registered by teams of company inventors located outside a firm’s home base, according to the Organization for Economic Cooperation and Development (OECD). Take the rise of the orphan drug segment as an example, where smaller, expedited trials and review times have led to a rush of new medicines for the category’s 7,000 rare conditions, most of which still lack approved treatments. This highlights the importance of patenting in pharmaceutical innovation and the key role IP Counsels play in this processAccordingly, the role of an IP Counsel in a pharmaceutical company is multi-faceted and critical. Engaging with a competent IP Counsel is a crucial decision that could determine the trajectory of a company’s innovation journey.


Overview of Indian Pharmaceutical Industry

The Indian pharmaceutical industry, a sector that has witnessed consistent growth over the past three decades, is a testament to the power of innovation, strategic planning, and favorable government policies. However, as the industry continues to evolve, the role of intellectual property and patents has become increasingly significant. Over the past three decades, the Indian pharmaceutical industry has grown exponentially. This growth can be attributed to favorable government policies and limited competition from overseas. For instance, a successful Indian pharmaceutical company, Cipla, capitalized on these conditions, becoming a global leader in the production of low-cost anti-retroviral drugs.

The liberalization of the Indian economy has brought about a revolution in Indian industries, forcing them to revisit their long-term strategies and business models. As Dr. Raghuram Rajan, former Governor of the Reserve Bank of India, notes, “Liberalization has not only opened up our markets but also our minds. It has forced us to compete, innovate, and improve.”


Rising Significance of Intellectual Property in Indian Pharmaceutical Industry

In the pharmaceutical industry, the protection of intellectual property is of paramount importance. It ensures the protection of valuable investments in research and development (R&D). In India, efforts are being made to improve the enforceability of existing intellectual property legislations. However, there have been instances where weak enforceability has impacted companies. For example, the case of Novartis AG v. Union of India & Others highlighted the challenges faced by multinational companies due to India’s patent laws.

The Indian government is moving towards establishing a patent regime that is conducive to technological advances and is in keeping with its global commitments. The Patents Act in India provides that any invention that satisfies the criteria of newness, non-obviousness, and usefulness can be the subject matter of a patent. However, pharmaceutical products are currently not granted patent protection under Indian law.

Product Patent Protection in Pharmaceuticals

Indian companies need product patent protection to encourage research in developing inexpensive drugs that suit the Indian disease profile. The advent of product patents is bound to be a boost for multinational companies that have previously been reluctant to invest in India in the absence of product patent protection. For instance, Pfizer, a multinational pharmaceutical corporation, has increased its investment in India following changes in patent protection.


Balancing different factors such as R&D investment, patent protection, and international competition is a complex task. It involves tradeoffs and presents numerous challenges. However, it is crucial for the future of the Indian pharmaceutical industry. As we move forward, the role of pharmaceutical patent attorneys working on international patents will become increasingly important. Their expertise will be essential in navigating the complex landscape of intellectual property rights and ensuring that companies can protect their innovations while also complying with international regulations.

pharma patent attorney

As a business coach and thought leader, I cannot emphasize enough the importance of innovation, new software patentsmobile apps, and patents for tech companies, startups, and entrepreneurs. The world is rapidly evolving, and staying ahead of the curve is vital for success. Embracing technological advancements such as blockchain and AI can unlock unprecedented opportunities, streamline operations, and propel businesses into the future with competitive valuation via intangible assets

Click Here for AI Startup Valuation Guide.

For instance, blockchain technology can revolutionize supply chain management and secure data sharing wherein innovative business models are explained to the audience via technical whitepapers, while AI can automate and optimize decision-making processes. Mobile apps are no longer just a luxury; they have become essential tools for engaging customers and offering personalized experiences. Furthermore, securing digital innovation patents is crucial for protecting intellectual property, fostering innovation, and maintaining a competitive edge. By investing in these areas, businesses can position themselves as industry pioneers and pave the way for a prosperous future after thoroughly conducting the due diligence and reviewing the legal opinion letters, which in case of digital assets can assist in determining the tokens as utility assets or coins as utility tokens before listing the assets at an exchange.

Video Gallery

Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements. Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filingspatent services in India and global patent consulting services.

Global Blockchain Lawyers ( is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).

Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.

Level18,One Horizon Center,
Golf Course Road
DLF Phase 5,Sector 43

The Bar Council of India restricts any form of advertisements. This blog contains general information for the convenience of readers and does not purport to dispense legal advice and is not intended to solicit or advertise in any manner.
Gurgaon,Haryana 122002

No Attorney-Client Relationship
The use of our blog, and the sending or receipt of information via this platform does not create an attorney-client relationship between you and us.