Patenting Antibody-Based Biologics In Canada

There are currently over 100 monoclonal antibodies worldwide that are approved as therapeutics or are undergoing regulatory review. For companies developing therapeutic antibodies, it is critical that a multi-jurisdictional patent strategy be adopted at the outset—that is at the patent drafting stage of the patenting process. The following summarizes a number of important considerations when drafting claims for patent applications intended to be filed in Canada.

As with all patent claims in Canada, claims intended to patent antibodies must be directed to patentable subject matter that is novel, inventive, supported by an enabling written description, and be either demonstrated or soundly predicted to have utility.