It's Time To Change How Antibodies Are Claimed In Patent Strategy

• Jurisdiction: United States,Federal
• Author: Mr Daniel J. Pereira
• Law Firm: Oblon, McClelland, Maier & Neustadt, L.L.P
• Published date: 30 May 2023

Oblon's Daniel Pereira analyzes the impact of the US Supreme Court's ruling in Amgen v. Sanofi, saying that the opinion maintains status quo. He suggests a revision of how antibodies are claimed as part of patent strategy.

The US Supreme Court announced its ruling May 18 in favor of Sanofi in its dispute with Amgen over the enablement requirement as it pertained to antibody claims.

Practically, this affirms the Federal Circuit's position for several years that a genus of antibodies, largely defined by function, is not enabled-or in some instance doesn't meet the description requirement-with a more limited exemplification of species shown to have that function.

The decision isn't remarkable and maintains the status quo of the case law. Justice Neil Gorsuch, writing for the unanimous court, went...