From Characterisation To Enforcement: Navigating Antibody Patents In Brazil

Senior legal practitioners of Licks Attorneys explain how antibody characterisation during prosecution can shape patent scope, validity, and enforcement in Brazil, with lessons from the US Amgen v Sanofi decision

Patent disputes involving antibodies in Brazil are not abundant, but experience shows that decisions made during prosecution can significantly influence how courts will rule on enforcement and validity assessment.

Although the need to characterise an antibody is not unique to Brazil, the level and form of characterisation required may vary across jurisdictions. The Brazilian patent and trademark office’s (BPTO’s) practice places particular emphasis on the structural definition of the antibody in the claims. This may affect the scope of protection ultimately obtained, the patent’s ability to withstand validity challenges, and how broadly the claims may be enforced against competing products.