Written Description and Enablement in Antibody Patent Claims: International Perspectives on Establishing the Scope of Antibody Claims and Incorporating the Latest Developments into Your Patent Prosecution Strategy

July 21, 2021 4:15pm

Duane Marks
Assistant General Patent Counsel
Eli Lilly and Company

Kristel Schorr
Foley & Lardner LLP

Dr. Sebastian Höpfner
German and European Patent and Trademark Attorney

Bird & Bird (Munich, Germany)

Takanori Abe
Managing Partner
ABE & Partners

  • How has the recent Federal Circuit decision in Amgen v Sanofi (Fed. Cir. 2021) raised the enablement bar for antibody patents and what will the implications be going forward?
  • Creative strategies for claiming monoclonal antibodies in order to secure the broadest claim possible from the patent office
  • Establishing the scope of claims for obtaining antibody patents at the USPTO, EPO, and JPO: what can be found as valid and enforceable antibody patent in the US vs. EU vs. Japan?