Patent protection crucial to Novonesis' innovation

Considering intellectual property rights as a foundational element of the company, Novonesis has continuously invested in research and development while maintaining technological advancement via patent and trademark protections.

"We have established processes to ensure that all the innovations we invest in are protected by relevant patents, and that trademarks are applied in the appropriate markets," said Iben Haasum, vice-president of IP and licensing at Novonesis, a leading bio-solution provider headquartered in Denmark.

She made the remarks during an interview at the 13th China Intellectual Property Annual Conference, which concluded last week in Beijing.

"We see patents and other IP rights as essential tools to strengthen our global competitiveness and to maintain our aspirations and passion for innovation," Haasum added.

Since initiating patent filings in 1985, Novonesis has amassed about 10,000 invention patents and some 8,000 trademarks globally. Last year, it filed 173 patent applications with the European Patent Office, the highest number among Danish companies in 2023.

In China, the company currently holds about 2,200 patents and 800 trademarks in the biotech sector.

With in-house patent and trademark attorneys in China and other countries, Novonesis stays abreast of changes in laws and regulations, integrating these changes into its innovation and IP protection strategies. For example, China's latest amendment to the Patent Law, adopted in 2020 and effective from 2021, has provided clearer guidance on patent protection. "With the amended laws and regulations, we can enforce our patent rights and defend our business more effectively," Haasum noted.

However, like many companies facing various difficulties in securing patents, a primary challenge of Novonesis now lies in obtaining a broader protection scope for its innovations in China.

Compared to other large jurisdictions like the United States and Europe, China applies a narrower protection scope for some biotech patents, which will potentially undermine the effectiveness of patent rights, and lead to easier infringements and insufficient safeguarding of innovations.

"When you develop a molecule, it is very easy for an infringer to tweak it slightly and then basically use your entire innovation to sell what we consider a copycat product," Haasum said, adding that she looks forward to improvements in the guidelines and practices of the examination for granting biotech patents in China.

Despite the challenge, Haasum remains optimistic that China's standards for biotech patent protection will align more closely with global trends, resulting in stronger IP protection and fostering a fairer competitive environment for innovators. "The optimism is driven by the fast and remarkable innovations in the biotech sector which is a new quality productive force for China's economy. Importantly, we have also observed growing respect and protection of IP rights by Chinese courts and IP authorities," she added.

For biotech startups, Haasum suggests developing a long-term patent protection strategy and building a robust patent portfolio from the very beginning.

Given that IP protection demands significant investment of both manpower and financial resources, startups should prioritize which innovations to protect and carefully choose the geographic regions for filing patents to maximize business impact.

"It's not necessary to file as many patents as you can, but high-quality patents and those that bring the most value and protection to your business are more important," she said.

Additionally, Haasum advises biotech startups to check third-party IP rights at the beginning of a project, identify potential risks, and prepare mitigation plans. Often, these mitigation plans can lead to new innovations that feed and strengthen their patent portfolio.

haonan@chinadaily.com.cn