Intellectual property (IP) rights are key considerations in the development of novel and innovative antibodies and antibody-based applications. Due to the rapidly changing nature of antibody-based technologies, it is important to co-develop patent strategies alongside any invention. To obtain patent protection, the invention must pass certain requirements including, but not limited to: novelty; inventive step/non-obviousness; and written description and enablement.
As the number of antibody-based therapeutics, diagnostics and reagents continues to increase, so do patent filings corresponding to these products. As a result, IP authorities (ie. USPTO, EPO) place immense scrutiny on antibody-related patent applications during the patent prosecution process. With the help of next generation protein sequencing (NGPS) and proteomics, patent applications can be strengthened with essential data, including the sequence information of the antibody as well as its binding epitope targets and biophysical properties.