This article
aims to provide a brief introduction to the commercial aspects of biotech in
the field of healthcare for those working within it or for investors. In the course of providing patent services in
the biotech and pharma sectors we have interacted with tech transfer organisations,
research companies and investors, and participated in discussions concerning
strategy. The contents of the article are based on that experience, and we hope
will be of assistance in formulating a commercial strategy, as well as in
formulating patent strategy. Our
experience mostly comes from working with European organisations and so the
specific information given in the article reflects the present picture in
Europe, and to some extent the US.
The
Characteristics of the Biotech Sector
Biotech
has many sectors each with their own commercial characteristics. This article only relates to the healthcare
aspects of biotech, and therefore does not, for example, discuss agricultural
or industrial biotech. The healthcare
sector can be broadly divided into therapy and diagnostics, both of which
overlap with medical devices. Commercial
strategy will differ in these two sectors and investors will need to be aware
of the different risk profiles and the different time frames for product
development and regulatory approval. The
most lucrative area of biotech is drug development. However this is associated with very high
risk. Figures of 85% failure rates for
research companies in this area are quoted, and it is clear that even seasoned
industry experts are unable to predict which companies will succeed. Further it can take 10 to 15 years to develop
a drug which is a timeframe that is unacceptable for many investors.
In the
eyes of many people biotech is a sector which has failed to deliver on its
promises, with the development of new products being much more complicated than
envisaged. However the world’s
top-selling drug, humira, is now a biologic and there are still many unmet
clinical needs waiting for biotech solutions.
Key
Organisations
The key
players in the biotech ecosystem are academic researchers, biotech research
companies and large pharmaceutical companies (big pharma), with venture
capitalists being an important source of funding for early stage biotech companies. Essentially many biotech companies have the
strategy of getting product development to the point where big pharma will
either acquire them or at least fund them.
Therefore the expectations and behaviour of big pharma is a key
consideration when formulating strategy in the sector.
Trends
It is
important to know what the trends are in biotech and the present thinking of
the different players. Big pharma is
presently looking to externalise its research and it sees biotech companies as
a source of innovative research that it can tap into. However big pharma is now much more cautious
and will want to minimise risk in the way they interact with biotech companies. That means they are more likely to be
sceptical, and if they are interested they will proceed by collaborating rather
than acquiring. Biotech companies cannot
now expect easy or quick exits, and will need to ensure that they can ‘go long’
if needed.
Venture
capital funding is presently also difficult to get, and in the UK that is particularly
the case. This means that at the moment
the environment is pretty challenging for early stage biotech companies. However there seems to be a new optimism
emerging in the US biotech sector which could also spread to Europe.
Different
Models of Investing
It must
be appreciated that there are many ways of investing in biotech. At the moment
experiments with crowdfunding seem to be having some success, but this is
probably not an appropriate way of investing in something as complex and risky
as biotech. Venture capital investment
is usually at an early stage, often investing in small biotech companies. However it can also be at pre-startup, where
an academic may be funded to carry out initial experiments and file patent
application.
The
Sums and the Hard Reality
Whilst
investing in the biotech sector is risky and there are many unknowns, investors
should still be aware of the available statistics. In the US where the company is successful one
can expect an investment of $20-30 million to give a return of around $140-150
million. Unfortunately the returns in
Europe seem to be lower. What seems
clear is that investing more than $20-30 million in the company will often not
give a higher return. It is also clear from recent performance in the sector
that few companies will give astronomical returns, and it is close to
impossible to predict which ones those might be.
Past
Examples
Whilst
the biotech sector is littered with examples of companies which failed, there
have also been success stories. The
small UK biotech company Circassia has been able to raise tens of millions of
pounds in several funding rounds in recent years. Thus investors are prepared to put large
amounts of money into small European biotech companies.
Patents
Patents
are of course a key aspect of commercialising biotech research, and often
represent a substantial part of the value of a biotech company. Companies need to ensure that their patent
strategy is in alignment with their commercial strategy. Thus all the relevant parts of the company
need to contribute to the decision-making on the patent portfolio, and not just
the patent attorneys.
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