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Obviousness, the CAFC, and Second Generation Filing Strategies

Speaker(s): Brian C. Trinque, Ph.D.
Recorded on: Apr. 1, 2016
PLI Program #: 177091

Brian Trinque, who holds a Ph.D. in organic chemistry, focuses his practice on intellectual property law in the pharmaceutical and chemical arts. His experience includes patent preparation, prosecution, and opinion work. He has worked with many clients in creating and managing portfolios focusing on all aspects of pharmaceutical development, including initial filings on novel chemical entities, as well as secondary filings directed toward salt forms, prodrugs, polymorph crystal forms, metabolites, formulations, administration routes, combination therapies, dosages, etc. He also has experience with technologies outside of the pharmaceutical arts, including process chemistry, polymer and material chemistry, electronic displays, fuel cell technology, biofuels, nutraceuticals, and food products. His clients range from Fortune 500 companies to start-ups and universities, as well as independent inventors. 

Dr. Trinque frequently lectures on recent advances in life science cases from the Federal Circuit. 

His notable experience includes:

  • Preparing and managing U.S. and international patent portfolios in a variety of technical areas, including small molecules, biologics, synthetic methods, drug delivery compositions, polymers, materials science, and medical devices. 
  • Preparing patentability, freedom to operate, and invalidity patent opinions. 
  • Assisting with due diligences related to acquisitions and licenses on behalf of acquirers. 
  • Prosecuting families of patent applications directed toward various small-molecule drug candidates in clinical development. 

Prior to practicing law, Dr. Trinque received his Ph.D. in organic chemistry in the laboratory of Professor C. Grant Willson. He also conducted research in the laboratory of Hiroshi Ito at IBM in San Jose, California. 

Court Memberships

  • Massachusetts
  • U.S. Patent and Trademark Office


  • Suffolk University School of Law, J.D.
  • University of Texas at Austin,
    • Ph.D., Organic Chemistry
  • University of Rhode Island,
    • B.A., Biology & English