Amgen Strengths an Weaknesses Essay examples

1167 Words Aug 1st, 2015 5 Pages
Case Study 1 - Amgen
Evaluate Amgen’s patenting strategy. What are its strengths, what are its weaknesses?
Amgen is a multinational biopharmaceutical company, one of the world's largest biotechnology firms in the world. Amgen's first product was its breakthrough with recombinant human erythropoetin (EPO) as a treatment for anemia. It was crucial for the company to do all within its power to protect its intellectual property (IP). For this purpose Amgen's patent strategy included filling for three separate patents which would cover all its bases including the final product, starting material and the process.
The first and most important patent the company filed was for the final product, recombinant human EPO. This patent is the
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A customer who legally buys a patented product can resell it and that is not the case here.
The final patent filled to protect Amgen's invention was for the starting materials, the host cell and it's vector. In addition to patenting the core element of the process, it serves as a safety net in the event that the two additional patents are rejected. This type of patent is relatively easy to come by as it is not hard to prove that the starting material is novel and has never been published before. One of the advantages is producing recombinant proteins relies on stably expressing a DNA sequence in an appropriate host cell. Securing this core element in the process assures that potential competitors must develop a new expression model and use a DNA sequence not patented by Amgen. The R&D needed to succeed is very costly and might detour competition from entering the field. The biggest weakness of this type of patents is that it does not prevent foreign manufacturers from using the starting material and then importing the product into the countries where Amgen's patent exists.
In 1989 the US Patent & Trademark Office (USPTO) replied to Amgen's request for all three patents. The only patent that Amgen received was for its starting materials. On the one hand, when evaluating Amgen's patent strategy, the fact that they applied for all three patents saved them as at least one came through. On the other hand had Amgen performed an in-depth and

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