Advanced Patent Busting
13 May 2009
Advanced Patent Busting

Workshop Leader: Dr Duncan Curley, Director, Innovate Legal

Dr Duncan Curley is a UK solicitor and the founder of Innovate Legal. He obtained his PhD in Medicinal Chemistry at University College, London in 1992. Duncan trained and qualified in the Intellectual Property department of a magic circle law firm in London, before becoming a partner in 2003 at a US law firm, where he specialised in pharmaceutical patent litigation. He formed the boutique law practice Innovate Legal in June 2007. Duncan has acted for a number of companies in a series of high profile patent clearance disputes over the years. He now principally advises on patent issues for companies operating in the generic pharmaceuticals sector. Duncan is the author of a special report on Supplementary Protection Certificates, published by the Intellectual Property Institute in December 2007. He is a frequent contributor to journals such as Patent World and European Intellectual Property Review and he comments regularly on patent cases for INNsight, the GenericsWeb newsletter.

Workshop Objectives & Benefits of Attending

This workshop will offer:

  • Practical tips on what weaknesses to look for in innovator patent specifications
  • Suggestions on how to develop a patent invalidity case
  • An opportunity to develop a deeper understanding of the requirements for patentability (novelty, inventive step, sufficiency of disclosure)
  • An opportunity to understand legal strategies that have worked successfully for removing patent obstacles
  • A chance to discuss strategic options with the Workshop Leader

About the Organisation:

Innovate Legal is a London-based law firm specialising in patents and intellectual property.


Innovate Legal undertakes patent clearance and freedom to operate opinions and provides consultancy services to companies wishing to develop a patent strategy.

Client testimony

Innovate Legal is noted by its clients for providing clear, realistic and cost-effective advice.

Litigation clearance work

Innovate Legal’s lawyers are highly experienced litigation and dispute resolution specialists, operating from offices close to the Law Courts in London. If your company wishes to use litigation procedures to clear a patent obstacle, Innovate Legal will formulate a strategy that is aligned with your company’s business goals. This strategy will then be monitored and reviewed throughout the process, so that business objectives remain paramount and the case does not take on a life of its own. Rather than operating according to rigid hourly rate billing arrangements, Innovate Legal can offer fixed fee deals and "success based" billing structures for client projects. www.innovatelegal.co.uk

The firm’s website contains further information on intellectual property issues, including webpages on "Patent Strategy", "How to Knock out a Patent" and "Patent Infringement", as well as free downloads of articles and other briefings.

Workshop agenda



Welcome and introduction



Introduction to the basics:

Novelty and inventive step
Added subject matter



Examining novelty in detail

  • Anticipatory disclosure - documents
  • Prior use - perindopril
  • General vs. specific disclosure – olanzapine
  • clock





    Exploring obviousness in detail

  • Preparing an obviousness case
  • Choosing the prior art
  • Use of experts
  • Technical advantage, commercial success and other issues
  • clock


    Other grounds of invalidity

  • Insufficiency - oxaliplatin
  • Added matter – clarithromycin
  • clock


    Discussion and Questions



    Close of workshop

    Crowne Plaza Hotel - St James

    Buckingham Gate 45/51
    London SW1E 6AF
    United Kingdom

    Crowne Plaza Hotel - St James



    speaker image












    CPD stands for Continuing Professional Development’. It is essentially a philosophy, which maintains that in order to be effective, learning should be organised and structured. The most common definition is:

    ‘A commitment to structured skills and knowledge enhancement for Personal or Professional competence’

    CPD is a common requirement of individual membership with professional bodies and Institutes. Increasingly, employers also expect their staff to undertake regular CPD activities.

    Undertaken over a period of time, CPD ensures that educational qualifications do not become obsolete, and allows for best practice and professional standards to be upheld.

    CPD can be undertaken through a variety of learning activities including instructor led training courses, seminars and conferences, e:learning modules or structured reading.


    There are approximately 470 institutes in the UK across all industry sectors, with a collective membership of circa 4 million professionals, and they all expect their members to undertake CPD.

    For some institutes undertaking CPD is mandatory e.g. accountancy and law, and linked to a licence to practice, for others it’s obligatory. By ensuring that their members undertake CPD, the professional bodies seek to ensure that professional standards, legislative awareness and ethical practices are maintained.

    CPD Schemes often run over the period of a year and the institutes generally provide online tools for their members to record and reflect on their CPD activities.


    Professional bodies and Institutes CPD schemes are either structured as ‘Input’ or ‘Output’ based.

    ‘Input’ based schemes list a precise number of CPD hours that individuals must achieve within a given time period. These schemes can also use different ‘currencies’ such as points, merits, units or credits, where an individual must accumulate the number required. These currencies are usually based on time i.e. 1 CPD point = 1 hour of learning.

    ‘Output’ based schemes are learner centred. They require individuals to set learning goals that align to professional competencies, or personal development objectives. These schemes also list different ways to achieve the learning goals e.g. training courses, seminars or e:learning, which enables an individual to complete their CPD through their preferred mode of learning.

    The majority of Input and Output based schemes actively encourage individuals to seek appropriate CPD activities independently.

    As a formal provider of CPD certified activities, SAE Media Group can provide an indication of the learning benefit gained and the typical completion. However, it is ultimately the responsibility of the delegate to evaluate their learning, and record it correctly in line with their professional body’s or employers requirements.


    Increasingly, international and emerging markets are ‘professionalising’ their workforces and looking to the UK to benchmark educational standards. The undertaking of CPD is now increasingly expected of any individual employed within today’s global marketplace.

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    We can provide a certificate for all our accredited events. To request a CPD certificate for a conference , workshop, master classes you have attended please email events@saemediagroup.com

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