Services

PHARMACEUTICAL PATENTS

Orange-Book Listable
Patents Add Value
Solid Form Patents as Orange-Book listable drug substance patents.

NDA-applicants often launch products with no or limited composition of matter patent (drug substance) protection. When science permits, solid forms, such as polymorphs, salts, cocrystals, and solid dispersions present tremendous opportunity for obtaining drug substance Orange-Book listable patent protection for valuable pharmaceutical products. Eyal Barash has been working in solid-state chemistry and with solid form patents for over 20 years and advises clients and prepares and prosecutes patent applications directed to these high-value assets.

DEALS

Intellectual Property (IP)
as Deal Currency
The intelligent use of intellectual property creates value.

Many Barash Law clients are start-ups who have in-licensed technology from academic institutions or other entities.  Licenses can range from patent licenses where deal value is predicated on the ability to stop competition to technology licenses where trade secrets are the critical IP asset.  Barash Law counsels clients to ensure the licensing and business needs align and the intellectual property license fits within the business plan and market realities.

INTELLECTUAL PROPERTY STRATEGY AND EXECUTION

A Strategy Requires
a Realistic Plan
Differentiating between IP that is needed versus IP that is wanted guides strategy and budgets.

A comprehensive intellectual property development strategy is complex for any company, but especially challenging for early-stage research-based companies.  Barash Law takes a deep dive into its clients' intellectual property and business needs to stratify intellectual property values and pursue goals in a timely and cost effective way.  Barash Law can help emerging companies to succeed by reducing risk while creating marketplace interest in their product.

IN-HOUSE COUNSEL 

Legal Functionality as
a Business Driver
Knowing the business provides added legal value.

Barash Law has been performing in-house counsel duties for its clients since its formation in 2009.  These functions include negotiating standard business agreements such non-disclosure agreements, service agreements, terms and conditions, licenses, and similar agreements. Where legal functions are outside Barash Law's areas of expertise, Barash Law has a network of on call specialists with whom we regularly collaborate.

Barash Law Services
in a Nutshell

Patent Preparation and Prosection
  • Pharmaceuticals especially solid forms and 505(b)(2)-based products
  • Cosmetics and cosmeceuticals
  • Agricultural products
  • Medical devices
  • Industrial chemicals
Due Diligence Experience on Sell Side
  • For angel raises
  • For venture raises
  • IPO
Contract Negotiations
  • non-disclosure agreements
  • service agreements
  • clinical trial agreements
  • material transfer agreements
  • licenses
  • consulting agreements
  • employment agreements
Client Counseling
Portfolio Management and Optimization

Published Articles

Non-Compete Agreements: A Primer

Employees in research-based companies are often asked to sign non-compete agreements. Barash Law published an article in AAPS discussing general principles of non-compete agreements. For a link to the article, please click here.

Inventorship and Ownership of Patents

Absent a contractual agreement, under federal law, inventors own the inventions set forth in their patents.  However, in a corporate environment, standard practice calls for the assignment of inventions to employers. For a link to the article, published in AAPS please click here.