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Vol 25 No 2 Feb/March 2020

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Antibody Patenting: A Practitioner's Guide to Drafting, Prosecution and Enforcement (CRC)

Edited by: J├╝rgen Meier, Oswin Ridderbusch

ISBN13: 9789403510736
Published: August 2019
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £154.00

Despatched in 9 to 11 days.

Antibody Patenting provides a comprehensive and in-depth analysis of all aspects relating to the patenting of antibodies from initial drafting and prosecution to enforcement. Antibodies have revolutionized medicine and biotechnology, and have become indispensable tools in therapy, diagnostics, analytics, and research. Therapeutic antibodies, for example, have come to dominate the ranks of blockbuster drugs, currently accounting for 10 out of the top 15 best-selling medicines. At the same time, a body of case law dealing specifically with the patentability of antibody-related inventions and the enforcement of antibody patents has emerged in major jurisdictions. The, at times, significant divergences between different jurisdictions have been compounded by recent decisions in the United States, most notably Amgen v. Sanofi, 872 F.3d 1367 (Fed. Cir. 2017), which have severely curtailed the possibilities to obtain broad antibody patents. It is therefore essential to understand how antibody inventions are assessed in different jurisdictions in order to secure an optimal patent protection and to successfully enforce such patents.

What’s in this book:

This book covers 23 of the most important IP jurisdictions worldwide – i.e., the European Patent Office, France, Germany, Italy, the Netherlands, Poland, Spain, Switzerland, the United Kingdom, Israel, the United States of America, Argentina, the Andean Community (Bolivia, Colombia, Ecuador, and Peru), Brazil, Canada, Chile, Mexico, China, India, Japan, Singapore, South Korea, and Australia. The 35 contributors to this book, all distinguished experts in this field, provide clear and practice-oriented advice on a range of topics including:

  • Which types of antibody inventions are patent-eligible?
  • Which types of functional and structural features are accepted for claiming antibodies?
  • What needs to be considered when defining antibodies in terms of their antigen, target affinity, binding specificity, epitope, competitive binding and other characteristics in relation to reference antibodies, as well as their effects on the target?
  • Which pitfalls must be avoided when defining amino acid sequences, chemical modifications or glycosylation patterns, and when relying on cell line deposits?
  • Which breadth of claims is accepted for antibody inventions, and what experimental support is required?
  • Which specific medical applications of antibodies can be claimed?
  • How is inventive step assessed in the specific case of antibody inventions?
  • What has to be considered when enforcing antibody patents, including in relation to biosimilars as well as the doctrine of equivalence?
All chapters follow the same structure, which makes this book easily accessible and allows a direct comparison between different jurisdictions. Practitioners will find the much-needed tools and guidance to secure the best possible patent protection for antibody inventions in 23 of the most important jurisdictions worldwide.

How this will help you:

This book is the fifth volume in the AIPPI Law Series, which has been established together with AIPPI, a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. Structured in a country-by-country format, it provides practitioners with a comprehensive resource elucidating all aspects of the patenting of antibodies.

Intellectual Property Law
About the Editors
About the Contributors
Renata Righetti Pelosi, President of AIPPI
Jürgen Meier & Oswin Ridderbusch
Chapter 1
European Patent Office
Jürgen Meier & Hans-Rainer Jaenichen
Chapter 2
Cyra Nargolwalla & Isabelle Labarre
Chapter 3
Oswin Ridderbusch
Chapter 4
Olga Capasso
Chapter 5
The Netherlands
Martin Klok
Chapter 6
Marta Kawczynska
Chapter 7
Juan Arias
Chapter 8
Philipp Marchand
Chapter 9
United Kingdom
Daniel Lim & Claire Baldock
Chapter 10
David Gilat & Mirit Lotan
Chapter 11
United States of America
Michele M. Wales & John C. Todaro
Chapter 12
Martín Bensadon & Cristian D. Bittel
Chapter 13
Andean Community: Bolivia, Colombia, Ecuador, and Peru
Andres Rincon & Sergio Arboleda
Chapter 14
Maria Carmen de Souza Brito & Pedro Henrique Borges de Figueiredo
Chapter 15
Graeme Boocock & Charles Boulakia
Chapter 16
Rodrigo Marré Grez & Allison Ortega del Valle
Chapter 17
Hector E. Chagoya-Cortes & Israel Jiménez
Chapter 18
Gesheng Huang
Chapter 19
Mamta Rani Jha
Chapter 20
Takashi Fujita & Osamu Yamamoto
Chapter 21
Khoo Kian Hoe
Chapter 22
South Korea
Min Son
Chapter 23
Michael Christie
Table of Cases