Details

Contract

Full-Time

Location

Neuchatel, Switzerland

Department

Legal, Ethics & Compliance

Openings

1

Job ID

44572734

Senior Counsel, Patents – Devices PMI Vision It’s Time to Unsmoke. There is no question that the best choice for men and women who smoke is to quit cigarettes and nicotine altogether. But many people don’t. In any given year, about 9 out of 10 men and women who are already smoking will continue: those people deserve access to, and information about, better alternatives. That is why we’re building PMI’s future on smoke-free products and focusing our efforts in switching adults, who choose to continue smoking, to our smoke-free platforms.   In order to achieve this, we are focused on 6 strategic priorities: • Developing a long-term product and ecosystem portfolio, • Building societal support of RRP, • Growing our RRP platforms to scale, • Delivering product launch & customer service agility, • Achieving cost and cash leadership, and • Maintaining leadership in conventional cigarettes. About Our Vision We’ve built the world’s most successful cigarette company, with the world’s most popular and iconic brands. Now we’ve made a dramatic decision. We will be far more than a leading cigarette company. We’re building PMI’s future on smoke-free products that are a much better choice than cigarette smoking. Indeed, our vision – for all of us at PMI – is that these products will one day replace cigarettes. Why are we doing this? Because we should … We understand the millions of men and women who smoke cigarettes. They are looking for less harmful, yet satisfying, alternatives to smoking. We will give them that choice. We have a commitment to our employees and our shareholders. We will fulfill that commitment by pursuing this long-term vision for success. Society expects us to act responsibly. And we are doing just that, by delivering a smoke-free future. … And because we now can. Success in the cigarette business gives us the resources to pursue our ambitious vision. Thanks to the imagination and perseverance of thousands of people at PMI, we have developed breakthrough products that are smoke-free and enjoyable. To date, PMI has invested more than $8 billion in building a world-class research and development capability, including pre-clinical systems toxicology and clinical capabilities, behavioral research, and post-market studies. The company has also met the strictest of regulatory requirements, including in the U.S., where the Food and Drug Administration authorized a version of our lead smoke-free tobacco product, IQOS 2.4, as a Modified Risk Tobacco Product in 2020.   About IQOS The U.S. Food and Drug Administration (FDA) has authorized the marketing of our flagship electronically heated tobacco system, IQOS 2.4, as a modified risk tobacco product (MRTP), which represents a historic opportunity for public health. In doing so, the agency found that issuing an exposure modification order for the IQOS Tobacco Heating System (THS) is appropriate to promote the public health, and is expected to benefit the health of the population as a whole.  This decision demonstrates that IQOS is fundamentally different from combustible cigarettes, and a better choice for adults who would otherwise continue smoking. It follows a review of the extensive scientific evidence package PMI submitted to the FDA in December 2016 to support its MRTP applications. The FDA’s action authorizes the marketing of IQOS in the USA with the following information: * The IQOS system heats tobacco but does not burn it. * This significantly reduces the production of harmful and potentially harmful chemicals. * Scientific studies have shown that switching completely from conventional cigarettes to the IQOS system significantly reduces your body’s exposure to harmful or potentially harmful chemicals. In April 2019, the FDA had previously authorized IQOS for sale in the U.S. through issuance of premarket tobacco product (PMT) marketing orders, concluding that marketing the product is appropriate for the protection of the public health. Notably, neither the FDA’s MRTP or PMT orders mean IQOS is FDA-approved. FDA does not ‘approve’ tobacco products. Further, the FDA’s authorizations do not mean IQOS is risk-free. The FDA’s decision is consistent with earlier conclusions of other leading regulatory and scientific bodies, including in the U.K., Germany, and the Netherlands, which have found that the product emits lower levels of harmful toxicants. Furthermore, the FDA’s MRTP authorization shows that IQOS is a fundamentally different product than combustible cigarettes, and must be regulated differently, as the FDA has recognized.  As of June 30, 2021, PMI estimates that approximately 14.7 million adult smokers around the world have already stopped smoking and switched to IQOS. We believe that this decision can help to further accelerate the transition of U.S. adults away from cigarettes. We, along with our licensee in the U.S., Altria, are committed to guarding against unintended use and fully support FDA’s focus on protecting youth. Beyond Nicotine Researching and developing less harmful noncombustible alternatives that are scientifically substantiated was the first step; broadening access for adult smokers, while simultaneously and deliberately working to phase out cigarette smoking, completed the equation of our smoke-free purpose. In the process, we have expanded our social, human, intellectual, and manufactured capital in ways that allow us to go a step further and develop products that seek to be better than merely less harmful; the aim now is to find new growth opportunities that go beyond nicotine. In order to demonstrate the seriousness of our endeavor, we introduced a new aspiration to complement our Business Transformation Metrics and 2025 Roadmap: Net revenues of at least USD 1 billion derived from “beyond nicotine” products by 2025. This aspirational goal aims to further cement the confidence we have about the long term, as we evolve into a broader lifestyle and consumer wellness company, leveraging our ability to monetize the skills and assets we have accrued and developed in the process of our transformation. PMI’s Beyond Nicotine vision is part of a larger transformation that puts health, science, technology, and sustainability at the heart of PMI’s future, delivering products and solutions that aim to improve people’s lives and deliver a net positive impact on society. Building on the company’s investment and expertise in aerosol chemistry and physics, device technology, clinical research, and best-in-class preclinical safety and inhalation models, PMI is developing a pipeline focused on inhaled therapeutics for medical and wellness applications. Furthermore, we will continue to leverage on our life sciences capabilities to move from reducing harm toward doing good, with the goal of having a net positive impact on the world. We will accomplish this by further expanding our value proposition to products that go beyond nicotine. Role Summary A Senior Attorney with the PMI Legal & Compliance Department who will be effective in exercising seasoned judgment and providing guidance to business and functional leaders across the organization with responsibility for performing a variety of moderately complex to complex legal matters and leading projects including day-to-day advice to the company and its business professionals on a range of patent matters. Reporting directly to the Lead Senior Counsel, Patents – Devices , the Senior Counsel, Patents will require a person of vision, integrity, commitment, maturity, and judgment. The Senior Counsel, Patents provides legal support and advice to the company and its business professionals on a range of technical intellectual property issues to include patent procurement, risk mitigation, enforcement and licensing, IP due diligence, as well as relating to IP agreements,. Responsibilities will include:; providing trusted business partnership and counseling on patent related matters of importance to the Company and; maintaining responsibility for designated technical and product areas; demonstrating an inclusive, consultative and thoughtful approach to achieving cross-functional alignment on issues internally; ensuring that legal services provided are cost-effective, practical, strategic, and consistent with the company’s philosophies while creating an environment of collaboration with business partners to help drive continual process and policy improvements; contributing to and ensuring delivery on Law Department business goals and the overall business plan of the company, and ensuring that the Patent Group implements leading practices and operates at the highest ethical standards. Key Responsibilities: •Partner with internal clients to develop and implement practical and efficient patent protection strategies that support and advance long-term business objectives and minimize exposure to legal risk. •Provide expert patent counsel and IP legal support to stakeholders in the research and development, operations, brand building, external affairs and legal functions. •Counsel the business on decisions related to the maintenance and enforcement of technical IP rights, staying closely aligned with key product/portfolio development initiatives to ensure that appropriate protection strategies are developed/executed, and that appropriate scope of patent protection is obtained for the Company while operating to maximize budget efficiencies. •Identify and protect PMI’s technical innovations by appropriate intellectual property rights. •Identify and protect valuable innovations prior to disclosure through working with internal researchers and management, external business partners and outside counsel. •Manage an international patent portfolio including supervising and coordinating with outside counsel and consulting with stakeholders on acquisition, retention, and exploitation of patent assets. •Develop and implement IP risk mitigation strategies to manage potential exposure and risks for PMI products and product platforms. Assess impact of third party IP rights on business and research activities and effectively communicate the risks and consequences to business partners and alternatives to manage or mitigate identified risks. •Lead patent oppositions and lead or support patent litigation matters, providing support to the Litigation & Investigations practice area, as appropriate. •Counsel on IP aspects of transactional matters including licensing and agreements with third parties, including technology transfer and joint development agreements, and lead or support IP due diligence investigations. •Represent the IP Law group in cross-functional projects and business teams. •Maintain effective working relationships with outside counsel and manage all aspects of intellectual property support provided by outside counsel. •Maintain a culture with a high degree of emphasis on dignity, respect, and inclusion. Business Acumen •Quickly grasp key drivers of the business and industry and quickly become immersed in the most important business issues facing the company. •Demonstrate strategic, innovative, creative and inquisitive frame of mind, with strong business acumen and judgment. •Speak fluently in lay terms to a range of audiences. Executing for Results •Demonstrate the detail orientation and the technical, planning and project management skills to ensure flawless execution. •Take initiative and operate with a sense of urgency, decisiveness and responsiveness. •Strong work ethic with ability to handle a fast paced vigorous schedule. •Able to solve problems and offer creative solutions. •Anticipate and proactively address emerging issues. •Make nuanced recommendations and business decisions based on facts and the culture of the constituents served. •Marshall the appropriate level and mix of resources as required by circumstances. •Demonstrate self-motivation and initiative to prioritize work and otherwise perform the job with minimal supervision. •Hold oneself to the highest standards of accountability. •Able to operate in a dynamic, high stress environment with a demonstrated ability to handle high impact urgent matters. •High energy and drive, a charismatic and positive style with a passion for driving results, and unquestioned integrity. Building Relationships and Using Influence •Demonstrate outstanding communications skills, preferably including presenting to, advising and educating executive leadership and boards of directors as well as engaging with external stakeholders. •Possess the gravitas and executive presence to be effective with the Board and executive team of a sophisticated public company. •Able to convey complicated topics and issues in a straight forward and concise manner, and to tailor communication style to different audiences. •Maintain established relationships with external legal resources characterized by credibility, respect, and trust. •Develop and maintain a strong network of relationships inside and outside the organization to support the objectives of the Board, CEO, and the business. •Demonstrate integrity and commitment to the highest ethical standards and personal values. •Act as a team player and role model for the legal function, encouraging collaboration and standards of excellence. Knowledge and experience desired to undertake this role •University level degree, in Physics, Mechanical Engineering, Materials Science, Electrical Engineering, Electronics, Software, or similar. •National patent attorney qualification, or qualification as a European Patent Attorney. •At least 6 years of post qualification experience in house, or within a private practice with a demonstrated in-depth understanding of the dynamics associated with working in an in house patent department of a major corporation. Both in house and private practice experience preferred. •Profound experience of multi-jurisdictional patent procurement and portfolio management, invalidity and freedom-to-operate opinions and, preferably, significant experience in oppositions, validity challenges, and patent litigation. •Deep and extensive practical knowledge of the European Patent Convention and the Patent Cooperation Treaty, and of patent law and practice in key national jurisdictions, preferably including significant knowledge relating to patent invalidity and infringement actions in key IP jurisdictions. •Ability to work in a fast-paced environment, handle multiple, conflicting priorities while managing a substantial workload and client expectations. •Experience of working successfully in a highly results-oriented and performance-driven environment with a focus on excellence. •Robust interpersonal, networking, public speaking, and writing skills, with the confidence and credibility to act quickly, communicate effectively with diplomacy and civility, and command respect of both internal and external audiences. •Proven ability to think strategically and exercise sound judgment.  •Ability to oversee complex projects and lead them to successful completion in an organized, efficient, and effective manner. •Ability to work in a multi-disciplinary setting to achieve consensus. •Extreme attention to detail. •Ability to maintain an appropriate perspective regardless of the delicacy or pressure of a situation. •Ability to travel as necessary. •Ability to maintain the highest level of confidentiality and preserve the integrity of information and processes. Business Contribution and Impact •Excellent verbal and written communication skills. •Must be able to handle company confidential information and data requiring the highest degree of attention to preserve confidentiality. •Team-oriented style, a passion for collaboration and consensus. •Must be able to operate in a dynamic, high stress environment with a demonstrated ability to handle high impact urgent matters. •High energy and drive, a charismatic and positive style with a passion for driving results, and unquestioned integrity. •Strong organizational skills reflected by motivation toward planning, and communicating with high performance teams in a dynamic environment. •Proven ability to work independently and multi-task in a fast-paced environment. •Strong project management and follow-up skills. Work Environment/Physical Requirements •Normal office environment for a mission driven, high impact team. Position requires a passionate, motivated, driven individual with a proven ability to get the job accomplished. What we offer We genuinely care about our people and we show this through living out our Employee Brand each and every day. It’s what connects every colleague in every market. In additional to a competitive salary and benefits package, we offer a fantastic office environment and look to ensure you have the best work-life balance possible. Our success depends on the people who come to work every single day with a sense of purpose and an appetite for progress. Join PMI and you too can: • Seize the freedom to define your future and ours. We’ll empower you to take risks, experiment and explore. • Be part of an inclusive, diverse culture, where everyone’s contribution is respected; collaborate with some of the world’s best people and feel like you belong. • Pursue your ambitions and develop your skills with a global business – our staggering size and scale provides endless opportunities to progress. • Take pride in delivering our promise to society: to improve the lives of a billion smokers. Philip Morris International: Delivering a Smoke-Free Future Philip Morris International (PMI) is leading a transformation in the tobacco industry to create a smoke-free future and ultimately replace cigarettes with smoke-free products to the benefit of adults who would otherwise continue to smoke, society, the company and its shareholders. PMI is a leading international tobacco company engaged in the manufacture and sale of cigarettes, smoke-free products and associated electronic devices and accessories, and other nicotine-containing products in markets outside the U.S. PMI is building a future on a new category of smoke-free products that, while not risk-free, are a much better choice than continuing to smoke. Through multidisciplinary capabilities in product development, state-of-the-art facilities and scientific substantiation, PMI aims to ensure that its smoke-free products meet adult consumer preferences and rigorous regulatory requirements. PMI’s smoke-free IQOS product portfolio includes heat-not-burn and nicotine-containing vapor products. As of June 30, 2019, PMI estimates that approximately 8.0 million adult smokers around the world have already stopped smoking and switched to PMI’s heat-not-burn product, available for sale in 48 markets in key cities or nationwide under the IQOS brand. For more information, please visit www.pmi.com and www.pmiscience.com. PMI is an Equal Opportunity Employer. #LIjobs

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