Divisional filing strategies have become a crucial and often contentious issue at the intersection between life science IP and antitrust law. As patent offices face growing pressure to alter their stance on divisional practice and competitors increasingly scrutinise filing strategies, companies must navigate a complex, high stakes environment where portfolio decisions can significantly impact market exclusivity timelines, public perception and revenues from blockbuster products.
This session will define the legal boundaries between anti-competitive evergreening and strategic portfolio optimisation, discuss how divisional filing strategies should be aligned with regulatory exclusivity and SPC frameworks, and explore the most effective approaches for generics companies seeking to challenge access blocking divisional patent families.
- Where does the legitimate boundary lie between portfolio optimisation and anti-competitive “evergreening”?
- How should originator companies design divisional strategies in parallel with regulatory exclusivity and SPC frameworks?
- How should generics companies coordinate IP invalidity, regulatory and competition strategies when confronting large divisional families?
- How does the UPC shift the litigation and competition risk profile of divisional portfolios?
- Are we entering a more interventionist phase in EU scrutiny of patent strategy – what signals should companies be monitoring in this space?











