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Aug. 13, 2020

Patentability Considerations for Antibody-Related Inventions

By Jane E. Remillard, Jill Gorny Sloper

BioPharm International

Abstract

Rapid advancements in immunotherapies have made patents in this field more important than ever.  The global market for antibody based drugs is expected to reach over USD $114 billion by 2022.  At the same time, increased stringency of U.S. written description and patent eligibility requirements, as well as accumulated worldwide prior art, have restricted the ability to gain broad antibody coverage.  This article discusses the different categories of antibody claims and related patentability challenges in the U.S. and major ex-U.S. markets.  Statistics on issue rates and and post-grant proceedings for antibody patents also are reviewed.     

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