Drug Patent Strength Score
The Drug Patent Strength Score is a proprietary metric we developed to help stakeholders—generic manufacturers, researchers, investors, and legal professionals—assess how strongly a drug is protected by its patents.
It offers a quick, data-driven snapshot of the overall enforceability and resilience of the patents covering a drug. A lower score indicates weaker patent protection, suggesting a higher potential for successful generic entry. Conversely, a higher score points to strong patent barriers that may deter or delay competition.
Why It Matters
Navigating the complexities of pharmaceutical patents can be daunting. With numerous overlapping patents, legal disputes, and regulatory pathways, understanding the actual strength of a drug’s intellectual property is critical.
- Identify weak spots in a drug's patent portfolio.
- Predict litigation risks and outcomes.Score 3-5:
- Prioritize generic development efforts.
- Guide investment or licensing decisions.
How the Score is Calculated
We analyze every patent associated with a drug listed in the FDA’s Orange Book and evaluate them across multiple dimensions that reflect legal history, scientific relevance, and commercial impact.
- Legal Proceedings
- What we track: Number of legal proceedings (litigations, IPRs, etc.) involving the patent.
- Scoring logic: The more proceedings the patent has survived or won, the stronger the patent appears.
- Oppositions
- What we track: Outcomes of patent oppositions, especially in international jurisdictions.
- Scoring logic: Patents upheld or amended (but not revoked) post-opposition score better.
- Forward Citations
- What we track: Number of times the patent has been cited by subsequent patents.
- Scoring logic: High citation count indicates technological importance and influence.
- Patent Family Size
- What we track: Total number of family members across jurisdictions.
- Scoring logic: A larger family suggests broader and more coordinated protection globally.
- Grant Lag
- What we track: Time taken between patent application and grant.
- Scoring logic: Shorter grant lag often correlates with higher patent clarity and strength.
- Blocked Applications
- What we track: Number of other applications blocked or restricted due to this patent.
- Scoring logic: The more applications a patent blocks, the stronger its blocking power.
- Remaining Patent Life
- What we track: Time left before the patent expires.
- Scoring logic: Patents close to expiration receive significantly lower scores, regardless of other strengths.
Scoring Methodology
Each parameter is normalized and scored on a relative scale. Then, a weighted average is calculated, prioritizing the most impactful indicators of patent strength.
How to Use the Score
- Generic Companies: Identify drugs with vulnerable patent positions ripe for challenge or development.
- Legal Teams: Assess litigation strategies and risk.
- Investors & Analysts: Benchmark competitive threats and evaluate patent cliffs.
- Pharma Innovators: Monitor threats to portfolio durability and exclusivity.
Score Interpretation Guide
| Score Range | Interpretation |
|---|---|
| 8 – 10 | Very Strong Patent Protection |
| 6 – 7 | Strong Protection, Limited Weak Points |
| 4– 5 | Moderate Protection, Considerable Risk |
| 2– 3 | Weak Patent Defense, Higher Generic Feasibility |
| 0 – 1 | Very Weak or Near Expiration (Opportunity for easy generic entry) |
Transparency & Updates
We update scores regularly based on new legal activity, patent expirations, and data feeds from global patent offices. This ensures real-time insights into shifting patent strength landscapes.