New Antibody IP Ruling Still Needs to Be Tested in Courts, Law360
May 31, 2024A 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.”