Articles and opinions

The Patent Cliff

Written by Tim van Beelen | May 4, 2026 8:45:49 AM

Between 2026 and 2032, a wave of blockbuster drugs will lose exclusivity. For many pharma companies, that creates pressure to replace revenue. One of the most direct ways to do that is through acquisitions, licensing and partnerships.

What stands out in recent European deals is the shift in how companies are valued. It is no longer just about the science or the pipeline. The quality of the IP is becoming a deciding factor in how deals are structured and priced.

Well-drafted patent families, a solid priority position and the availability of SPC protection are now central in due diligence. Exclusivity duration affects value across all medicines, but is more critical in biologics and advanced therapies, where development is longer and more capital intensive.

European policy developments reinforce this trend. The proposed EU Biotech Act includes the possibility of extending SPC protection by 12 months for certain biotech products. 

Thus, in today’s market, the filing strategy and SPC eligibility of your patent portfolio all influence how your company is valued and how attractive it is for acquisition.

This is often where the real strengths and weaknesses of a portfolio become visible.

For biotech companies, that raises a practical question:
How ready is your IP portfolio for due diligence?