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Bavarian Nordic A/S

Case Study Title:

The Importance of Exercising Caution When Prosecuting Vaccine Patent Applications in Indonesia


Background: Bavarian Nordic A/S is a fully integrated biotechnology firm dedicated to the development, manufacturing, and commercialization of vaccines for infectious diseases and cancer treatments. Founded in 1994 and based in Hellerup, Denmark, the company operates a manufacturing facility in Kvistgård and another site in Hørsholm. It also has a research and development center in Martinsried, Germany, along with offices in Zug, Switzerland, and Morrisville, North Carolina, USA. The company employs viral vectors in its R&D efforts. Initially, an established Indonesian IP law firm with a two-decade history managed all vaccine patent applications for Bavarian Nordic in Indonesia.

Challenge: The primary concern for Bavarian Nordic A/S was to ensure the effective prosecution of its vaccine patent applications in Indonesia and secure appropriate claim approvals. Recognizing this challenge, Bavarian Nordic A/S acknowledged the necessity of engaging a reliable local IP attorney capable of overseeing its patent prosecution with diligence.

Solution: In June 2009, Bavarian Nordic A/S entrusted Inventis Patent Attorneys with the handling of its 19 pending vaccine patent applications in Indonesia. The Inventis team meticulously managed these applications, offering essential support to Bavarian Nordic A/S in responding to inquiries and objections from the Patent Examiner. For multiple applications, Inventis suggested and assisted in refining and restructuring the patent claims and descriptions, ensuring they aligned with the approval standards of both Bavarian Nordic A/S and the Patent Examiner.

Outcome: All patent applications for Bavarian Nordic A/S managed by Inventis Patent Attorneys were finally approved promptly, except for one application that was withdrawn for commercial reasons.

Key Takeaways:

This case underscores the critical role of a local IP attorney. Beyond delivering high-quality service, they must offer effective solutions to navigate Patent Examiners' inquiries and objections. If necessary, they should also be prepared to assist in restructuring patent claims and descriptions to satisfy both the patent applicant and the Patent Examiner.

CS-2024-04