Focus on Antibodies

§112 Written Description Properly Circumscribing the Scope of Claims to Monoclonal Antibodies

May 17, 2019 11:00am

Aisha Hasan
Intellectual Property Attorney
Brinks Gilson & Lione

Nicole Woods
Vice President – Assistant General Patent Counsel
Lilly Oncology (Branchburg, NJ)

PCSK9 Antibodies Update:
  • Examining the Federal Circuit and District Court decisions in Amgen vs. Regeneron
  • Understanding why the European Patent Office has rejected the validity of Amgen’s European patent covering PCSK9 antibodies
  • Clarifying what the fundamental difference between the two different jurisdictions
Enforcement Challenges:
  • Clarify the scope for obtain antibody claims
  • What can be found as valid and enforceable antibody patent in US and Europe
Types of Antibody Claims:
  • Understanding different the types of claims currently available for covering an antibody product from the narrowest to the broadest
  • Examining the vulnerabilities for each scope of claim
  • Examining the latest legal positions and challenges concerning broad and intermediate claims for antibody patents
Antibody Claims in Detail:
  • Can you have a claim that resides in the entire variable antibody region of the heavy and light chain?
  • What types of claims are directed towards a CVR Antibody