Professional Services for Technology Gain-of-Function Strategies
Life Sciences
- Validity: In biotech/pharma, Tech GoF helps parse whether a claimed formulation or dosing innovation delivers measurable gains (e.g., improved bioavailability, lower adverse-event rates). It structures whether those improvements would have been obvious over prior art.
- Infringement: Claim mapping can be paired with dose-response, pharmacokinetics, or stability data. Tech GoF normalizes the “functional contribution” of the accused product—say, 25% higher stability due to a claimed excipient—showing whether the infringement lies squarely in the patented step.
- Apportionment: In damages, Tech GoF allows allocation of sales value to the patented aspect. For example, a biologic drug may rely on multiple innovations; if a patented dosing regimen accounts for a 2/10 functional improvement (e.g., monthly vs. weekly injections), apportionment can limit damages to that incremental portion.
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