Patenting Antibodies In Canada? Don't Forget Claims To Competitive Antibodies

Those seeking patent protection for immune-based therapeutic innovations in Canada should be aware that claims to antibodies defined by competitive binding (herein termed "competitive antibodies") may be available, even in the absence of working examples or literal support. The availability of these claims contrasts favourably with past practice in Canada, and could provide innovators with important protection for key epitopes that is not otherwise available.

CIPO's revised guidelines

Following a 2016 decision of the Patent Appeal Board (the Board)¹, the Canadian Intellectual Property Office (CIPO) revised section 23 of its Manual of Patent Office Practice (MOPOP)² to update examination practices for claims to antibodies. These changes relaxed historically strict written description and enablement requirements and provided guidance for the examination of claims to subclasses of antibodies. Some of these changes were directly related to the humanized