Despite the ongoing efforts to harmonize patent practice in all
countries, some differences persist. When it comes to technological
domains, like biotechnology, minor differences can yield a huge
impact at the end. This is the case of antibody patentability. It
is not news that the Brazilian practice is inspired by the European
one. However, most Brazilian practitioners will agree that it comes
with several kinds of restrictions.
In Europe, although antibodies are most commonly defined
according to their amino acid sequences (VH and VL domains or
CDRs), it is also acceptable to claim antibodies in terms of their
functions, provided that the skilled person would be able to
isolate or make such antibodies without experimental uncertainties
(Hilary van der Hoff, Antibody claims granted by the European
Patent Office, 2014). This flexibility observed in Europe is also
reflected by granted claims on functional features related to
aspects of antigen binding, such as binding
