This webinar explores the risks and best practices surrounding divisional patent applications. Featuring Blaž Višnar, Deputy Head of Unit, DG Competition, European Commission, along with Baker Botts attorneys Paul Ragusa (Intellectual Property Partner), Paul Lugard (E.U. Antitrust Partner), and Jody Boudreault (U.S. Antitrust Partner), the session provides practical insights into navigating these critical issues on both sides of the Atlantic.

Key Discussion Points

Divisional patent applications are an essential component of modern patent portfolio management, but they come with significant risks:

• In the U.S., improper handling of divisional applications may result in reduced patent term or even invalidity of other patents within a company’s patent portfolio.

• In Europe, the European Commission’s 2024 fine of €462.6 million against Teva Pharmaceuticals for its handling of divisional patents marked a landmark enforcement action, raising questions about anti‑competitive practices in this area. Similar concerns are emerging in the U.S., where the Federal Trade Commission has taken a more active stance on patents it considers to impact drug pricing.

Blaž Višnar provides exclusive insights into the Teva case—the first to result in monetary penalties for divisional patent practices under EU competition rules. The program also examines U.S. approaches to divisional patent risks, offering practical guidance on balancing legitimate use with compliance.

The recording is now available to watch on demand here.