Introduction: Therapeutic antibodies have grown
to become an important product class within the biopharmaceutical
market. A prerequisite to their commercialization is adequate
patent protection. Disclosure requirements and the types of claims
available in different jurisdictions can impact the scope of
protection available for antibodies.
Areas covered:
A comparative review of statutory bases, patent office practices
and selected decisions in Canada, the United States and the United
Kingdom related to disclosure requirements is provided.
Expert opinion:
Differences in disclosure requirements exist in different
jurisdictions which can impact the type of claims obtained and
their survival when attacked in litigation. Including a wide
variety of claim types is a key strategy to ensuring therapeutic
antibodies are adequately protected. Method of use claims may
provide advantages and broader protection in some circumstances and
should also be considered.
