Patent examination guidelines : inventive step of a monoclonal antibody

By: Zheng, Tiansong
Publisher: 2021ISBN: 9781838626082Subject(s): Patent examination -- procedure -- China | Patenting of life forms -- Patentability -- China | Patenting of life forms -- trends | Patent applications -- Biotechnology industryGenre/Form: Book chapter Local URL: SNIPER Full Text In: IAM Life Sciences 2021 2021, pp. 7-12
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SNIPER Book Chapter

In biopharmaceuticals, an antibody patent is one of the most valuable patents in the field -- It is preferable if the antigen to be directed by the claimed antibody is a novel and inventive one. If it is novel and inventive, a monoclonal antibody patent can be defined directly by the antigen and a patent claim with the broadest scope can be granted. If it is not novel and inventive, although an antibody can still be claimed by a hybridoma producing the antibody or amino acid sequences constituting the antibody, it will be unclear whether such a defined antibody can be considered to be inventive enough -- changes to the Patent Examination Guidelines could be considered a first exploratory step in encouraging research and development in the field of new antibody medicaments in China

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