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Amgen Strengths an Weaknesses

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Case Study 1 - Amgen
Evaluate Amgen’s patenting strategy. What are its strengths, what are its weaknesses?
Amgen is a multinational biopharmaceutical company, one of the world's largest biotechnology firms in the world. Amgen's first product was its breakthrough with recombinant human erythropoetin (EPO) as a treatment for anemia. It was crucial for the company to do all within its power to protect its intellectual property (IP). For this purpose Amgen's patent strategy included filling for three separate patents which would cover all its bases including the final product, starting material and the process.
The first and most important patent the company filed was for the final product, recombinant human EPO. This patent is the strongest way to protect its IP as it prevents competitors producing, using, marketing, selling and importing the final product allowing exclusivity to Amgen. The drawback of this patent is the difficulty to achieve and sustain it. In order to receive a final product patent the company must prove that its product is innovative. If the final product has been described or published previously in any form this can be used as grounds to reject the request for the patent as it is considered prior art. Moreover it can be used to revoke the patent once received. Since EPO is a purified human protein most likely discovered previously in its naturally occurring form it will be very difficult for Amgen to patent it.
The second patent that the company filled was for the process of producing and isolating the protein. This type of patent provides the next best level of protection. The most prominent advantage of this patent is the level of abstraction. These patents are worded in broad and general terms possibly covering multiple processes for producing the product. Another important advantage of this patent is it gives the company more extensive

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