This session addresses the continually evolving landscape of antibody patenting in Europe and the U.S., incorporating crucial case law developments from 2023 into effective prosecution strategies for 2024. Session leaders will dissect recent influential decisions and explore their implications for drafting and litigating antibody patents in different jurisdictions. Topics of discussion will include:

• Analyzing the Supreme Court’s decision, which deemed claims of two Amgen patents invalid due to insufficient enablement for a genus of antibodies
• Examining how recent EPO decisions, like T 0499/18, influence the acceptability of claims where a combination of antigen plus function is used to define an antibody
• Reviewing effective strategies for claiming antibodies, considering different patent office interpretations and how to draft claims that secure protection across jurisdictions
• Understanding the nuances of epitope-based claims and functional antibody claims
• Assessing recent trends and develop best practices for antibody patent applications, ensuring broad and robust protection