In view of the ever-growing developments in antibody technology in the pharmaceutical field, patent protection of monoclonal antibodies is of paramount importance for innovators and research scientists.
Whereas an antibody is a molecular structure and therefore subject to the same patentability requirements of other (chemical) products, the unique biological and physiological features of these large proteinaceous molecules lead to peculiarities for their patent protection.
The webinar on 11 June, in partnership with IIT Istituto Italiano di Tecnologia, aimed to review the EPO requirements for patentability of antibodies, including:
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the suitable definition of an antibody in a patent claim, so as to meet the clarity requirement; -
the evidence required to meet the novelty, inventive step and sufficiency of disclosure requirements.
Said requirements will be discussed in view some leading decisions of the EPO Board of Appeal and in view of the Guidelines for Examination in the EPO, which were revised in 2025 to include a specific section on antibodies that officially implements the previously developed Case Law.
Speakers: Elena Comoglio, Paolo Rambelli
