Analysis of patent portfolio in the United States - Case study of Gilead Sciences, Inc. in Hepatitis C Drugs

• Main Authors: Cheng, Sheng-Yu, 鄭聖諭
• Other Authors: Chan, Keith
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/ap45ys

碩士 === 國立政治大學 === 科技管理與智慧財產研究所 === 106 === This study mainly explored the patent portfolio strategy of Gilead Sciences, Inc. (Gilead) in the United States regarding HCV, and conducted in-depth research on the actual patent-related practices of Gilead in a case-study manner, and suggested how Taiwanese pharmaceutical companies could conduct patent portfolio under United States patent system for self-protection. From 2011 to 2017, there were 6 pharmaceutical companies involved in the market of HCV drugs, and 11 new HCV drugs were launched, 4 of which were owned by Gilead. There were 693 patents owned by Gilead, and the number of issued patents were subsequently increased year by year, showing that Gilead has continued to invest substantial resources in R&D and applying for patent. Gilead owned 196 HCV patents, and the number of material patents was more than other types. Furthermore, Gilead always filed material patents first, followed by the patents regarding composition, indication, preparation method, fixed-dose composition, etc., indicating that Gilead has invested considerable resources in material patents. This study believed that Gilead used the form of composition patent portfolio. Particularly, the most important core was composed of the material patents used in Gilead’s all 4 HCV drugs, surrounded by other patents to achieve the best protective effect. After 2012, Gilead successively involved in several litigations and arbitrations with some pharmaceutical companies and universities. The terminated cases did not show any obvious negative effect on Gilead. Although there were many litigations still in progress at the end of 2017, so far it could show that Gilead’s patent portfolio could effectively prevent its patent from being infringed, or it could successfully get out in the patent infringement lawsuits.