Antibodies

Video overview:

EPO Requirements for Antibody Applications

• The EPO Guidelines (G-II, 6) provide a standardised framework for antibody-related patent issues.
• Antibodies can be defined by various aspects, including but not limited to:
  (a) Their amino acid sequences (structure).
  (b) Nucleic acid sequences encoding the antibody.
  (c) Reference to the target antigen.
  (d) Target antigen plus additional functional features.
  (e) Functional and structural characteristics.
  (f) Production process.
  (g) Hybridoma producing the antibody.

Drafting Tips

• Include claims with varying scope (broad to narrow) in the same application.
• Cover both full antibodies and antibody fragments.
• Use multiple claim categories (e.g., product, process, use).
• Provide direct experimental evidence of the antibody’s technical effect at filing.
• Carefully consider the order in which alternative antibodies are claimed.
• Plan your filing strategy to allow for future related applications; be mindful of initial disclosures.