Broadcast date: 2 May 2024 — Speakers: Vicki Allen, Marc Wilkinson, Graham Lewis
The European Patent Office (EPO) applies the same basic patentability criteria to antibodies as to other inventions. However, the high volume of applications in this area means that examiners have developed standardised approaches to assessing "antibody-specific" issues and these have been formalised in a dedicated section of the EPO's Guidelines for Examination. This webinar will explore the general approach taken by the EPO in relation to antibody claims, including what can and cannot be patented, considerations in relation to inventive step, clarity and sufficiency of disclosure. The webinar will also review recent case law from the EPO's Boards of Appeal relating to antibody inventions.
Topics covered include:
- What can be patented, including for new and known targets
- The framework for assessing inventive step, including the problem and solution approach and the data required to support inventive step
- Claim formats, including defining an antibody structurally or functionally and highlighting recent changes to the EPO's Guidelines for Examination
- Portfolio building
- Recent decisions from the Technical Boards of Appeal relating to different types of antibody claims
- Conclusions/trends from the case law
J A Kemp LLP acts for clients in the USA, Europe and globally, advising on UK and European patent practice and representing them before the European Patent Office, UKIPO and Unified Patent Court. We have in-depth expertise in a wide range of technologies, including Biotech and Life Sciences, Pharmaceuticals, Software and IT, Chemistry, Electronics and Engineering and many others. See our website to find out more.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
