This session addresses the continually evolving landscape of antibody patenting in Europe and the U.S., incorporating crucial case law developments from 2024 into effective prosecution strategies for 2025. Session leaders will dissect recent influential decisions and explore their implications for drafting and litigating antibody patents in different jurisdictions.

Topics of discussion will include:

• Adopting effective strategies for claiming antibodies, considering different patent office interpretations and how to draft claims that secure protection across jurisdictions
• Examining how recent EPO decisions, like T 0499/18, and the UPC Central Division’s revocation of Amgen’s patent, influence the acceptability of claims where a combination of antigen plus function is used to define an antibody
• Contrasting the U.S. Supreme Court’s decision, which deemed claims of two Amgen patents invalid due to insufficient enablement for a genus of antibodies, with UPC caselaw
• Understanding the nuances of epitope-based claims, functional antibody claims, combination therapies, companion diagnostics