Antibody Patent Evolution

Download or read book Antibody Patent Evolution written by Theodore Teng and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Therapeutic antibodies in clinical medicine are become an important focus for the biotechnology industry. In 2021, four of the top six selling prescription drugs were monoclonal antibodies, leading to a reported revenue of over $67 billion dollars. Accordingly, it is no surprise that the patentability rules for antibody patents have become increasingly important to drug companies, health care providers, and consumers alike. In this paper we outline the evolution of antibody patents from broad genus type claims to narrow species type claims. In this paper we explain how the US Patent and Trademark Office (USPTO) has made this shift to catch up with the scientific changes in antibody technology. Additionally, we suggest how the USPTO could use the written description requirement and the reverse Doctrine of Equivalents to correctly limit the scope of antibody patents while still incentivizing the generation of new antibody therapies.