ARTICLE · 13 APRIL 2011

Working Example No Longer Required to Patent Monoclonal Antibodies

Norton Rose Fulbright Canada LLP

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On June 4, 2010, the Patent Appeal Board ("Board") determined that claims to a monoclonalantibody are enabled where the antigen is a novel polypeptide which has been fully characterized (for example by complete amino acid sequence).

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Norton Rose Fulbright Canada LLP

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Confidential Reasons released June 4, 2010

Case:	Immunex Corporation Patent Application No. 583,988 (Re) (Patent Appeal Board)
Nature of Case:	Appeal of Final Rejection - section 30(6) Patent Rules
Successful Party:	Immunex Corporation

Summary:

On June 4, 2010, the Patent Appeal Board ("Board") determined that claims to a monoclonalantibody are enabled where the antigen is a novel polypeptide which has been fully characterized (for example by complete amino acid sequence). An Applicant can now claim a monoclonal antibody that is immunoreactive to the fully characterized novel polypeptide without having made or deposited a specific embodiment. The Board permitted the Applicant to make certain amendments which would overcome other objections the Commissioner had and thus enable the patent application to be allowed.

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