A recent decision from the US Patent and Trademark Office may have implications for those looking to secure antibody patents; however, intellectual property lawyers are saying that the agency’s ruling may not be enough to overcome courts that have been hostile toward these patents.
Partner Christopher Betti stated that “[t]he Amgen-Sanofi decision really eviscerated the ability of a patent applicant to broadly protect their invention. I think where means-plus-function falls is in between. It’s not as narrow as a species claim might look like, but it’s certainly not as broad as a traditional genus claim.”
Chris said examiners will likely be “slow to adopt” the ruling, but he is “hoping Ex parte Chamberlain provides them a framework for such examinations going forward.”